The Plight of Palestinian Refugees
Understanding the Humanitarian Crisis and Global Responsibility for Refugees of the War in Palestine
By Shyla Gheek / GICJ
Introduction
The piercing sound of sirens, the sight of homes reduced to rubble, and the harrowing uncertainty of survival have become a grim reality for many displaced by the ongoing war in Palestine. For the civilians caught in the crossfire, it has become dangerous to flee and to stay in their homes. This has created the most protracted of all refugee crises, whose plight dates back 77 years.
International migration is mainly driven by structural economic and political factors such as labour market demand, income inequalities, and conflict in origin countries. Globally, approximately 184 million people, or 2.3% of the world’s population, live outside their country of citizenship, as reported by the World Health Group in 2023. This highlights the growing complexity of human mobility, which is increasingly driven by factors like climate change, conflict, and income inequality. Recent trends show a significant shift as more people move to urban centres, largely due to the influence of “push and pull” factors. Push factors are conditions that drive people from their places of origin, such as limited employment opportunities, political instability, or ethnic conflict. Large-scale sources of recent displacement in the Middle Eastern countries have experienced high and/or prolonged conflicts exacerbating poverty and food insecurity.The consistent conflict within the country or with bordering nations has become a push factor causing widespread displacement; exacerbating a man-made humanitarian refugee crisis.
More than 2 million people in Gaza are trapped in a space of 141 square miles without reliable or consistent access to clean water, sufficient food, adequate medical care, or even a roof over their heads. They have lost the humble right to live a life of dignity and security or make a living. The 25 mile long Gaza Strip is slowly experiencing deteriorating living conditions and declining hope for a brighter future. Israeli policies and conduct have caused a man-made humanitarian crisis in the Middle East.
The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported that 90% of the Gazan population (2.1 million people) is displaced out of which 1.2 million people are internally displaced.180,700 people are in 978 refugee shelters, 775 of which are at full capacity. Moreover, Palestinians comprise the largest population of stateless people with 5.9 Palestinian refugees living across the Middle East. The position of Palestinian refugees under international refugee law is complex. The United Nations Refugee Agency (UNHRC) defines refugees as “people who have fled their countries to escape conflict, violence, or persecution and have sought safety in another country.” This universally accepted definition of a refugee from Article 1A [2] of the 1951 Convention relating to the Statue of Refugees does not apply to the majority of Palestinians. Those who are outside the Palestinian territory occupied by Israel since 1967 and are unable and/or unwilling to return, even if due to fear of persecution, do not qualify as refugees under Article 1A (2). Only those Palestinians displaced for the first time after 1967 fall within the scope of Article 1A (2) of the Convention because they are not covered by the mandate of another UN agency.
Article 1A (2) of the Convention because they are not covered by the mandate of another UN agency.
The Palestinian refugee crisis is a multi-faceted issue rooted in decades of conflict and marked by significant historical events, such as the Nakba of 1948 and the more recent escalation following the events of 7 October, 2023. This report delves into the dual challenges faced by internally displaced individuals within Gaza and refugees who have fled across borders, examining the genocidal intent underpinning systemic policies and their generational impact. It also addresses the obstacles to rebuilding lives amidst displacement which include but are not limited to the loss of livestock and the destruction of buildings and means of production are blocking any hope of a return to normal life. In addition, to the depleting cash flow of the displaced persons, restricting their return to work, their homes, sustainable food etc, given that all these factors are still standing and not destroyed in the war. In addition to discussing the critical role of international aid agencies like the United Nations Relief and Works Agency (UNRWA) and the devastating consequences of blocked aid routes. By understanding these interconnected issues, this report underscores the urgency of global action to mitigate the crisis, and proposes recommendations aimed at ensuring the dignity, security, and eventual return of Palestinian refugees.
GICJ position
Geneva International Centre for Justice (GICJ) stands firmly in solidarity with the Palestinian people and underscores the urgent need for comprehensive, humane, and sustainable solutions to address the ongoing refugee crisis. The systemic displacement and marginalisation of millions of Palestinians constitute a grave violation of international humanitarian and human rights law, including the right to return and the right to live in dignity. GICJ condemns all actions that perpetuate forced displacement, demolitions, and restrictions on essential aid, particularly those that disproportionately affect vulnerable populations such as children and women. We emphasise that the lack of enforceable reparations, along with the ongoing blockade and forced re-displacement, has created a manmade humanitarian crisis that demands immediate global intervention.
We call for:
1. Enforcement of International Law: The implementation of UN General Assembly Resolution 194 (which states that “refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or equity, should be made good by the Governments or authorities responsible”) and other legal frameworks ensuring the right of Palestinian refugees to return to their homeland, with reparations for those who cannot return.
2. Protection of Vulnerable Populations: Prioritising children’s rights to education, healthcare, and safe living conditions, and safeguarding future generations from the destructive cycles of statelessness and conflict.
3. Unimpeded Humanitarian Access: The removal of barriers preventing the delivery of essential aid, including food, medical supplies, and shelter, to displaced Palestinians.
4. Accountability for Violations: An international inquiry into actions that constitute forced displacement, collective punishment, or other breaches of international law.
5. Comprehensive International Support: Increased funding for agencies such as UNRWA and strengthened global cooperation to ensure sustained assistance for displaced Palestinians. GICJ reaffirms that addressing the root causes of the crisis—occupation, systemic policies of discrimination, and the denial of basic human rights—is essential to achieving lasting peace and justice. We stand committed to advocating for the rights of Palestinian refugees and holding all parties accountable to international standards.
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