​​This article examines whether the denial of Palestinian refugees’ right of return to the homes and lands from which they were displaced in 1948 and 1967 may be legally characterized as a crime against humanity within the framework of the International Criminal Court (ICC). It argues that such denial should not be understood merely as a continuing breach of an internationally recognized right, but as part of a systematic settler-colonial policy involving the deliberate deprivation of a fundamental right. Methodologically, the article adopts a comparative legal analysis. It examines the ICC’s treatment of the denial of return in the Rohingya context, engages relevant jurisprudence from international criminal tribunals, and assesses the extent to which these interpretive approaches may be applied to the case of Palestinian refugees. The article concludes that Article 7 ( 1) ( k) of the Rome Statute offers a limited basis for such characterization. By contrast, Article 7 ( 1) ( h), concerning persecution, appears to provide a stronger legal basis, insofar as the denial of return may be construed as a grave, systematic, and discriminatory deprivation of a fundamental right.​