HOME

TheInfoList



OR:

The Palestinian right of return is the political position or principle that
Palestinian refugees Palestinian refugees are citizens of Mandatory Palestine, and their descendants, who fled or were expelled from their country over the course of the 1947–49 Palestine war (1948 Palestinian exodus) and the Six-Day War ( 1967 Palestinian exodu ...
, both first-generation refugees (c. 30,000 to 50,000 people still alive )"According to the United Nations Relief and Works Agency – the main body tasked with providing assistance to Palestinian refugees – there are more than 5 million refugees at present. However, the number of Palestinians alive who were personally displaced during Israel's War of Independence is estimated to be around 30,000
US Senate dramatically scales down definition of Palestinian 'refugees'
/ref> and their descendants (c. 5 million people ), have a
right to return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
, and a right to the property they themselves or their forebears left behind or were forced to leave in what is now Israel and the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
(both formerly part of the
British Mandate of Palestine British Mandate of Palestine or Palestine Mandate most often refers to: * Mandate for Palestine: a League of Nations mandate under which the British controlled an area which included Mandatory Palestine and the Emirate of Transjordan. * Mandatory P ...
), as part of the
1948 Palestinian exodus In 1948 more than 700,000 Palestinian Arabs – about half of prewar Palestine's Arab population – were expelled or fled from their homes, during the 1948 Palestine war. The exodus was a central component of the fracturing, dispossession ...
, a result of the
1948 Palestine war The 1948 Palestine war was fought in the territory of what had been, at the start of the war, British-ruled Mandatory Palestine. It is known in Israel as the War of Independence ( he, מלחמת העצמאות, ''Milkhemet Ha'Atzma'ut'') and ...
, and due to the 1967 Six-Day War. Formulated for the first time on 27 June 1948 by United Nations mediator
Folke Bernadotte Folke Bernadotte, Count of Wisborg (2 January 1895 – 17 September 1948) was a Swedish nobleman and diplomat. In World War II he negotiated the release of about 31,000 prisoners from German concentration camps, including 450 Danish Jews f ...
, proponents of the
right of return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
hold that it is a sacred right, as well as a human right, whose applicability both generally and specifically to the Palestinians is protected under
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. Text at WikiSource. This view holds that those who opt not to return or for whom return is not feasible, should receive compensation in lieu. Proponents argue that Israel's opposition stands in contrast with its Law of Return that grants all Jews the right to settle permanently, while withholding any comparable right from Palestinians. Opponents of the right of return hold that there is no basis for it in international law, and that it is an unrealistic demand. The government of Israel does not view the admission of Palestinian refugees to their former homes in Israel as a right, but rather as a political issue to be resolved as part of a final peace settlement.


Background


Overview

The number of Palestinian refugees of the 1948 war is estimated at between 700,000 and 800,000, and another 280,000 to 350,000 people were refugees of the 1967 war.Yiftachel, 2006, p. 58.Kimmerling, 2003, p. 23.McDowall, 1989, p. 84. Approximately 120,000–170,000 among the 1967 refugees are believed to have also been refugees from the 1948 war, fleeing a second time. Today, the estimated number of Palestinian refugees exceeds four million. The right of return has been of great importance to Palestinians since then. The first formal move towards the recognition of a right of return was in
UN General Assembly Resolution 194 United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 o ...
passed on 11 December 1948 which provided (Article 11): UN General Assembly Resolution 3236, passed on 22 November 1974 declared the right of return to be an "
inalienable right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' a ...
". The right of return was defined as the "foremost of Palestinian rights" at the 12th
Palestine National Council The Palestinian National Council (PNC) ( ar, المجلس الوطني الفلسطيني, "'Almajlis Alwataniu Alfilastiniu"') is the legislative body of the Palestine Liberation Organization (PLO) and elects the PLO Executive Committee, which ...
meeting in 1974 when it became the first component of the
Palestine Liberation Organization The Palestine Liberation Organization (PLO; ar, منظمة التحرير الفلسطينية, ') is a Palestinian nationalist political and militant organization founded in 1964 with the initial purpose of establishing Arab unity and st ...
's trinity of inalienable rights, the others being the right of self determination and the right to an independent state. Israel has since the birth of the refugee problem consistently rejected that the Palestinians would have any inherent "right" of return. In June 1948, the Israeli government stated its position, which was reiterated in a letter to the United Nations on 2 August 1949, that in its view a solution to the Palestinian refugee problem must be sought, not through the return of the refugees to Israel, but through the resettlement of the Palestinian Arab refugee population in other states.


1948 Palestinian exodus

The Palestinian refugee problem started during the
1948 Palestine War The 1948 Palestine war was fought in the territory of what had been, at the start of the war, British-ruled Mandatory Palestine. It is known in Israel as the War of Independence ( he, מלחמת העצמאות, ''Milkhemet Ha'Atzma'ut'') and ...
, when between 700,000 and 800,000 Arabs left, fled, or were expelled from their homes in the area that would become Israel. They settled in refugee camps in Transjordan, Lebanon, Syria, Egypt, and in the West Bank and the Gaza strip that were occupied by Transjordan and Egypt during the war. From December 1947 to March 1948, around 100,000 Palestinians left. Among them were many from the upper and middle classes from the cities, who left voluntarily, expecting to return when the situation had calmed down. From April to July, between 250,000 and 300,000 fled in front of
Haganah Haganah ( he, הַהֲגָנָה, lit. ''The Defence'') was the main Zionist paramilitary organization of the Jewish population ("Yishuv") in Mandatory Palestine between 1920 and its disestablishment in 1948, when it became the core of the Is ...
offensives, mainly from the towns of Haifa, Tiberias,
Beit-Shean Beit She'an ( he, בֵּית שְׁאָן '), also Beth-shean, formerly Beisan ( ar, بيسان ), is a town in the Northern District of Israel. The town lies at the Beit She'an Valley about 120 m (394 feet) below sea level. Beit She'an is be ...
, Safed, Jaffa and Acre, that lost more than 90% of their Arab inhabitants. Some expulsions arose, particularly along the Tel-Aviv – Jerusalem road and in
Eastern Galilee Eastern may refer to: Transportation *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 1926 to 1991 * Eastern Air ...
. After the truce of June, about 100,000 Palestinians became refugees. About 50,000 inhabitants of Lydda and Ramle were expelled towards Ramallah by Israeli forces during
Operation Danny Operation Danny ( he, מבצע דני, ''Mivtza Dani'') was an Israeli military offensive launched at the end of the first truce of the 1948 Arab–Israeli War. The objectives were to capture territory east of Tel Aviv and then to push inland an ...
, and most others during clearing operations performed by the IDF on its rear areas. During Operation Dekel, the Arabs of Nazareth and South Galilee could remain in their homes. They later formed the core of the Arab Israelis. From October to November 1948, the IDF launched
Operation Yoav Operation Yoav (also called ''Operation Ten Plagues'' or ''Operation Yo'av'') was an Israeli military operation carried out from 15–22 October 1948 in the Negev Desert, during the 1948 Arab–Israeli War. Its goal was to drive a wedge between th ...
to chase Egyptian forces from the Negev and
Operation Hiram Operation Hiram was a military operation conducted by the Israel Defense Forces (IDF) during the 1948 Arab-Israeli War. It was led by General Moshe Carmel, and aimed at capturing the Upper Galilee region from the Arab Liberation Army (ALA) forces ...
to chase the
Arab Liberation Army The Arab Liberation Army (ALA; ar, جيش الإنقاذ العربي ''Jaysh al-Inqadh al-Arabi''), also translated as Arab Salvation Army, was an army of volunteers from Arab countries led by Fawzi al-Qawuqji. It fought on the Arab side in the ...
from North Galilee. This generated an exodus of 200,000 to 220,000 Palestinians. Here, Arabs fled fearing atrocities or were expelled if they had not fled. During Operation Hiram, at least nine massacres of Arabs were performed by IDF soldiers. After the war, from 1948 to 1950, the IDF cleared its borders, which resulted in the expulsion of around 30,000 to 40,000 Arabs. The UN estimated the number of refugees outside Israel at 711,000. No Arab country except Jordan has to date assimilated a significant population of Palestinian refugees, nor given them full citizenship, and many rely on economic aid from the UN or persons in other countries. It is the position of most Arab governments not to grant citizenship to the Palestinian refugees born within their borders; this policy is in part due to the wishes of these Arab states for Palestinians to be allowed to return to their homes within Israel, in part due to these states wishing to relieve themselves of the refugees.


Causes and responsibilities

The causes and responsibilities of the exodus are a matter of controversy among historians and commentators of the conflict. Although historians now agree on most of the events of that period, there is still disagreement on whether the exodus was due to a plan designed before or during the war by Zionist leaders, or whether it was an unintended result of the war.


Absentees' property

During the Palestinian exodus, Israeli leaders decided against the return of the refugees. During her visit at Haïfa on May 1, 1948, Golda Meir declared: "The Jews should treat the remaining Arabs 'with civil and human equality', but 'it is not our job to worry about the return f those who have fled. A group consisting of "local authorities, the kibbutz movements, the settlement departments of the National institutions, Haganah commanders and influential figures such as
Yosef Weitz Yosef Weitz ( he, יוסף ויץ; 1890–1972) was the director of the Land and Afforestation Department of the Jewish National Fund (JNF). From the 1930s, Weitz played a major role in acquiring land for the Yishuv, the pre-state Jewish community ...
and Ezra Danin started lobbying against repatriation. A ''Transfer Committee'' and a policy of ''faits accomplis'' were set up to prevent a refugee return. In July, it had become an official policy: " Absentees' property" was managed by Israeli government and numerous Palestinian villages were leveled. A parallel has been drawn by some commentators between the state and private restitutions made from Germany to Israel over Holocaust confiscations and the compensation due to Palestinians evicted in the formation of Israel. Others have compared Palestinians' claims for compensation to the claims of ethnic Germans who were expelled from eastern Europe in the aftermath of the Holocaust and World War II. In 1945, of 26.4 million dunams of land in Mandate Palestine, 12.8 million was owned by Arabs, 1.5 million by Jews, 1.5 million was public land and 10.6 million constituted the desertic Beersheba district ( Negev). By 1949, Israel controlled 20.5 million dunams (approx. 20,500 km2) or 78% of lands in what had been Mandate Palestine: 8% (approx. 1,650 km2) were privately controlled by Jews, 6% (approx. 1,300 km2) by Arabs, with the remaining 86% was public land.


1967 Palestinian exodus

During the Six-Day War another Palestinian exodus occurred. An estimated 280,000 to 350,000 Palestinians fled or were expelled from the West Bank, the Gaza Strip and the Golan Heights as a result of the Six-Day War; approximately 120,000–170,000 among them were believed to also be refugees from the first war, fleeing a second time.


Relationship to Jewish exodus from Arab countries

A comparison is often made between the situation of Palestinian refugees and the exodus of Jews from Arab countries who are now in Israel (or elsewhere). It is estimated that 800,000 to 1,000,000 Jews were either forced from their homes or left the Arab countries from 1948 until the early 1970s; 260,000 reached Israel between 1948 and 1951, and 600,000 by 1972.Schwartz, Adi
"All I wanted was justice"
''
Haaretz ''Haaretz'' ( , originally ''Ḥadshot Haaretz'' – , ) is an Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel, and is now published in both Hebrew and English in the Berliner ...
'', 10 January 2008.
Malka Hillel Shulewitz, ''The Forgotten Millions: The Modern Jewish Exodus from Arab Lands'', Continuum 2001, pp. 139 and 155.Ada Aharon
"The Forced Migration of Jews from Arab Countries
Historical Society of Jews from Egypt website. Accessed August 9, 2017.
In 2000, Bobby Brown, advisor to prime minister Benjamin Netanyahu on Diaspora affairs and delegates from the
World Jewish Congress The World Jewish Congress (WJC) was founded in Geneva, Switzerland in August 1936 as an international federation of Jewish communities and organizations. According to its mission statement, the World Jewish Congress' main purpose is to act as ...
and the
Conference of Presidents of Major American Jewish Organizations The Conference of Presidents of Major American Jewish Organizations (CoP; commonly Presidents' Conference) is an American non-profit organization that addresses issues of critical concern to the Jewish community, and the state of Israel in particu ...
began an intensive campaign to secure official political and legal recognition of Jews from Arab lands as refugees. The campaign's proponents hoped their efforts would prevent acceptance of the "right of return" to Palestinians, and reduce the amount of compensation that would be paid by Israel for appropriated Palestinian property. Then-President of the US Bill Clinton gave an interview in July 2000 to Israel's Channel One and disclosed an agreement to recognize Jews from Arab lands as refugees, while Ehud Barak hailed it as an achievement in an interview with Dan Margalit. In 2002, the organization "
Justice for Jews from Arab Countries Justice for Jews from Arab Countries (JJAC) is a political advocacy organization founded in New York in 2002, which was formed by the Conference of Presidents, the World Jewish Congress, the American Sephardi Federation, and the World Organization ...
" (JJAC) was created and its Founding Congress (Election of a Board of Directors, Finalized By-Laws for the organization, etc.) met in London in June 2008. Beginning in November 2008, they planned to undertake major initiatives and that in 2009, they would hold a national conference in Israel. Their achievement to date is described as "having returned the issue of Jews from Arab countries to the agenda of the Middle East."


Hometown return

In November 2012, Palestinian Authority President Mahmud Abbas repeated his stance that the claim of return was not to his original hometown, but to a Palestinian state that would be established at the 1967 border line. Hamas denounced this adjustment. Abbas later clarified (for the Arab media) that this was his own personal opinion and not a policy of giving up the right of return. Israeli politicians denounced the clarification.


UN General Assembly Resolution 194

The issue of the right of return of Palestinian refugees has been a very sensitive issue for Palestinians (and Arab countries in the region) since the creation of the refugee problem as a result of the
1948 Arab–Israeli War The 1948 (or First) Arab–Israeli War was the second and final stage of the 1948 Palestine war. It formally began following the end of the British Mandate for Palestine at midnight on 14 May 1948; the Israeli Declaration of Independence had ...
. The
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
UN General Assembly Resolution 194 United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 o ...
which was passed on December 11, 1948 recognized the right of return for the first time. Resolution 194 also deals with the situation in the region of
Palestine __NOTOC__ Palestine may refer to: * State of Palestine, a state in Western Asia * Palestine (region), a geographic region in Western Asia * Palestinian territories, territories occupied by Israel since 1967, namely the West Bank (including East J ...
at that time, establishing and defining the role of the
United Nations Conciliation Commission The United Nations Conciliation Commission for Palestine (UNCCP) or Palestine Conciliation Commission (PCC) was created by UN-resolution 194 of 11 December 1948, in order to mediate in the Arab–Israeli conflict. The Commission consisted of Fran ...
as an organization to facilitate peace in the region.


Article 11 – Palestinian Refugees

The main Article of Resolution 1948, for the purpose of this article, is Article 11 which deals with the return of refugees. Article 11 of the resolution reads:


Interpretations

The exact meaning and timing of enforcement of the resolution were disputed from the beginning. Since the late 1960s, Article 11 has increasingly been quoted by those who interpret it as a basis for the "
right of return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
" of Palestinian refugees. Israel has always contested this reading, pointing out that the text merely states that the refugees "should be permitted" to return to their homes at the "earliest practicable date" and this recommendation applies only to those "wishing to ... live at peace with their neighbors". In particular, David Ben-Gurion, the first Prime Minister of Israel, insisted in an interview with the members of the Conciliations Commission that as long as Israel could not count on the dedication of any Arab refugees to remain "at peace with their neighbors" – a consequence, he contended, of the Arab states' unwillingness to remain at peace with the state of Israel – resettlement was not an obligation for his country.


Scope of the issue


Supporters' viewpoints

Supporters of the right of return assert it partly based on the following sources: * "Everyone has the right to leave any country, including his own, and to return to his country." Article 13(2), Universal Declaration of Human Rights (10 December 1948).Bowker, 2003, p. 99. * The Geneva Conventions of 1949. *
United Nations General Assembly Resolution 3236 United Nations General Assembly Resolution 3236, adopted by the 29th Session of the General Assembly on November 22, 1974 recognizes the Palestinian people's right to self-determination, officializes United Nations contact with the Palestine Libera ...
which "reaffirms also the inalienable right of the Palestinians to return to their homes and property from which they have been displaced and uprooted, and calls for their return".Radley, K.René (1978): ''The Palestinian Refugees: The Right to Return in International Law''. The American Journal of International Law, Vol. 72, No. 3 (July 1978), pp. 586–614. * United Nations Security Council Resolution 242 affirms the necessity for "achieving a just settlement of the refugee problem". According to AkramAkram, Susan M. (2002): "Palestinian Refugees and Their Legal Status: Rights, Politics, and Implications for a Just Solution". ''Journal of Palestine Studies'', Vol. 31, No. 3. (Spring 2002), pp. 36–51. although the status of Palestinian nationals/citizens after the creation of the State of Israel has been much debated, established principles of
state succession Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th- ...
and human rights law confirm that the denationalization of Palestinians was illegal and that they retain the right to return to their places of origin. On March 15, 2000, a group of 100 prominent Palestinians from around the world expressed their opinion that the right of return is individual, rather than collective, and that it cannot therefore be reduced or forfeited by any representation on behalf of the Palestinians in any agreement or treaty. They argued that the right to property "cannot be extinguished by new sovereignty or occupation and does not have a statute of limitation", and asserted that "it is according to this principle that the European Jews claimed successfully the restitution of their lost property in World War II". Their declaration partly rested on the assertion that, on certain occasions, Palestinians were expelled from their homes in Israel. The declaration placed the number of towns and villages in which this occurred at 531. Some libertarians have argued for the Palestinian right of return largely from a private property rights perspective. In "Property Rights and the 'Right of Return, professor
Richard Ebeling __NOTOC__ Richard M. Ebeling (; born January 30, 1950) is an American libertarian author who was the president of the Foundation for Economic Education (FEE) from 2003 to 2008. Ebeling is currently the BB&T Distinguished Professor of Ethics and F ...
writes: "If a settlement is reached between the Israelis and the Palestinians, justice would suggest that all legitimate property should be returned to their rightful owners and that residence by those owners on their property should be once again permitted." Attorney
Stephen Halbrook Stephen P. Halbrook (born 12 September 1947) is a senior fellow at the Independent Institute and an author and lawyer known for his litigation on cases involving laws pertaining to firearms. He has written extensively about the original meanings ...
in "The Alienation of a Homeland: How Palestine Became Israel" writes: "Palestinian Arabs have the rights to return to their homes and estates taken over by Israelis, to receive just compensation for loss of life and property, and to exercise national self-determination." In "War Guilt in the Middle East"
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School, economic historian, political theorist, and activist. Rothbard was a central figure in the 20th-century American libertarian ...
details Israel's "aggression against Middle East Arabs", confiscatory policies and its "refusal to let these refugees return and reclaim the property taken from them". Palestinian and international authors have justified the right of return of the Palestinian refugees on several grounds: * Several authors included in the broader
New Historians The New Historians ( he, ההיסטוריונים החדשים, ''HaHistoryonim HaChadashim'') are a loosely defined group of Israeli historians who have challenged traditional versions of Israeli history, including Israel's role in the 1948 Pal ...
assert that the Palestinian refugees were chased out or expelled by the actions of the Jewish militant groups
Haganah Haganah ( he, הַהֲגָנָה, lit. ''The Defence'') was the main Zionist paramilitary organization of the Jewish population ("Yishuv") in Mandatory Palestine between 1920 and its disestablishment in 1948, when it became the core of the Is ...
,
Lehi Lehi (; he, לח"י – לוחמי חרות ישראל ''Lohamei Herut Israel – Lehi'', "Fighters for the Freedom of Israel – Lehi"), often known pejoratively as the Stern Gang,"This group was known to its friends as LEHI and to its enemie ...
and
Irgun Irgun • Etzel , image = Irgun.svg , image_size = 200px , caption = Irgun emblem. The map shows both Mandatory Palestine and the Emirate of Transjordan, which the Irgun claimed in its entirety for a future Jewish state. The acronym "Etzel" i ...
.Tessler, Mark. ''A History of the Israeli–Palestinian Conflict'' (Indiana University Press, 1994), A report from the military intelligence SHAI of the Haganah entitled "The emigration of Palestinian Arabs in the period 1/12/1947 – 1/6/1948", dated 30 June 1948 affirms that up to 1 June 1948:
"At least 55% of the total of the exodus was caused by our (Haganah/IDF) operations." To this figure, the report's compilers add the operations of the Irgun and Lehi, which "directly (caused) some 15%... of the emigration". A further 2% was attributed to explicit expulsion orders issued by Israeli troops, and 1% to their psychological warfare. This leads to a figure of 73% for departures caused directly by the Israelis. In addition, the report attributes 22% of the departures to "fears" and "a crisis of confidence" affecting the Palestinian population. As for Arab calls for flight, these were reckoned to be significant in only 5% of cases...


Objectors' viewpoints

Objectors to a Palestinian right of return contend that such a right would end Israel's character as a Jewish state as it would leave Jews a minority in Israel. In a
two-state solution The two-state solution to the Israeli–Palestinian conflict envisions an independent State of Palestine alongside the State of Israel, west of the Jordan River. The boundary between the two states is still subject to dispute and negotiation ...
framework, this would leave Israel as a bi-national state with a Jewish minority with an additional Palestinian state. Israelis see this demand as inherently contradicting the "two states for two peoples solution", and this has caused many Israelis to believe Israeli–Palestinian peace is not possible. Opponents of the right of return reject it partly based on the following sources: * There is no formal mechanism in international law to demand repatriation of refugees and their descendants in general, or Palestinians specifically. No international legislation, binding UN resolutions or agreements between Israel and the Palestinians require this. Including: * That United Nations Security Council Resolution 242 does not mention a right of return or any other arrangement as a mandatory solution, and only calls for a "just settlement" to the refugee issue. According to Ruth Lapidoth, this also includes the issue of Jewish refugees from Arab and Muslim nations. * That the
Convention Relating to the Status of Refugees The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals ...
makes no mention of descendants and that the convention ceases to apply to a person who, inter alia, has acquired a new nationality. Israeli official statements and many accounts from supporters have long claimed that the 1948 refugee crisis was instigated by the invading Arab armies who ordered Palestinian civilians to evacuate the battle zone in order to allow the Arab armies freedom to operate. Israel officially denies any responsibility for the Palestinian exodus, stating that their flight was caused by the Arab invasion.Olmert Rejects Right of Return for Palestinians
, ''The New York Times'', 31 March 2007
Opponents of the right of return, such as
Efraim Karsh Efraim Karsh ( he, אפרים קארש; born 1953) is an Israeli–British historian who is the founding director and emeritus professor of Middle East and Mediterranean Studies at King's College London. Since 2013, he has served as professor of p ...
say that Israel is therefore not obligated to compensate Palestinians or allow them to return. Karsh writes that the Palestinians were not the victims of a "Zionist grand design to dispossess them" but rather were "the aggressors in the 1948–49 war" and as such are responsible for the refugee problem. Karsh does not deny that some Palestinians were forcibly expelled, but places the blame for the bulk of the exodus on Palestinian and Arab elites and leaders who writes fled prior to April 1948 and caused a "stampede effect". Karsh writes that Arab leaders and/or Arab military forces drove out huge numbers of Palestinians from their homes. Karsh states that most Palestinians chose their status as refugees themselves, and therefore Israel is therefore absolved of responsibility.
Benny Morris Benny Morris ( he, בני מוריס; born 8 December 1948) is an Israeli historian. He was a professor of history in the Middle East Studies department of Ben-Gurion University of the Negev in the city of Beersheba, Israel. He is a member of ...
argues that the newly formed Israeli state viewed, and rightly so in his view, the Palestinian refugees as enemies "who had just attacked the Jewish community" and if they were allowed to return could form a
fifth column A fifth column is any group of people who undermine a larger group or nation from within, usually in favor of an enemy group or another nation. According to Harris Mylonas and Scott Radnitz, "fifth columns" are “domestic actors who work to u ...
. He views the refugee problem as consequence of a war that they instigated. Some critics of the Palestinian right of return also argue that it is not supported by international precedent, drawing attention to the 758,000–866,000 Jews who were expelled, fled or emigrated from the Arab Middle East and North Africa between 1945 and 1956. These critics argue that since these refugees were neither compensated nor allowed return—to no objection on the part of Arab leaders or international legal authorities—the international community had accepted this migration of Jews as '' fait accompli'', and thereby set legal precedent in the region against a right of return.Howard Sachar. ''A History of Israel from the Rise of Zionism to Our Time''. New York. 1976. pp. 440–441. . Former Israeli foreign minister
Moshe Sharett Moshe Sharett ( he, משה שרת, born Moshe Chertok (Hebrew: )‎ 15 October 1894 – 7 July 1965) was a Russian-born Israeli politician who served as Israel's second prime minister from 1954 to 1955. A member of Mapai, Sharett's term was b ...
asserted that the migration of refugees between Israel and the
Arab world The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...
essentially constituted a
population exchange Population transfer or resettlement is a type of mass migration, often imposed by state policy or international authority and most frequently on the basis of ethnicity or religion but also due to economic development. Banishment or exile is a ...
. He argued that precedent, such as the exchange of 2.5 million people between Poland and the Soviet Union, as well as the 13 million Hindus and Muslims who crossed the IndiaPakistan
border Borders are usually defined as geographical boundaries, imposed either by features such as oceans and terrain, or by political entities such as governments, sovereign states, federated states, and other subnational entities. Political borders ca ...
, showed that international law neither requires nor expects the reversal of population exchanges. He further argued that precedent does not require reversal even of one-directional refugee migrations, such as the expulsion of 900,000 Germans from Czechoslovakia following World War II. In Sharett's view, Israel was singled out as the exception to international law. Ruth Lapidoth has argued that U.N. General Assembly Resolution 194 does not specify a "right", but rather says refugees "should" be allowed to return. She has also noted that General Assembly resolutions are not legally binding on member states, and that this particular resolution based its recommendations on two conditions: that refugees wish to return, and that they be willing to "live at peace with their neighbors". She argues that the latter condition is unfulfilled, citing the actions of Palestinian militant groups. She concludes that Palestinian refugees have right to seek a negotiated compensation, but not a "right of return". According to Lapidoth,
Stig Jägerskiöld Stig Axel Fridolf Jägerskiöld (20 April 1911 – 14 September 1997) was a Swedish professor in public law, international law and constitutional law. He was also a historian and a diplomat A diplomat (from grc, δίπλωμα; romanizatio ...
in 1966 said that the right of return was intended as an individual and not a collective right, and that "there was no intention here to address the claims of masses of people who have been displaced as a by-product of war or by political transfers of territory or population, such as the relocation of ethnic Germans from Eastern Europe during and after the Second World War, the flight of the Palestinians from what became Israel, or the movement of Jews from the Arab countries". Andrew Kent, a Professor at
Fordham University Law School Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test taker ...
, argues that Israel is not obligated to accept a Palestinian right of return, as international law at the time the 1948 Palestinian exodus occurred did not render Israeli actions illegal, with documents cited by proponents of the right of return such as the Fourth Geneva Convention and the International Covenant on Civil and Political Rights coming into force after the Palestinian exodus had taken place. Kent argues that these documents do not apply, as international law almost never applies retroactively. Kent concedes that international law almost certainly would mandate a right of return if a refugee displacement under similar circumstances were to occur today. Anthony Oberschall has argued that a full right of return by refugees and their descendants to their original homes would create chaos as the original Palestinian villages no longer exist and in their place are Israeli homes and property, writing that "the townhouses, villages, farms, olive groves, and pastures of 1948 do not exist anymore. They have become Israeli towns, apartment blocks, shopping centers, industrial parks, agribusinesses, and highways." He further argues that a settlement between two warring people would ideally have a separation between them and their respective states.


Bearing on the peace process

The argument over the existence of such a right has perpetuated the
Israeli–Palestinian conflict The Israeli–Palestinian conflict is one of the world's most enduring conflicts, beginning in the mid-20th century. Various attempts have been made to resolve the conflict as part of the Israeli–Palestinian peace process, alongside other eff ...
, and the failure of the peace process is due, in large part, to the inability of the two parties to achieve a solution with justice for both sides. The majority of Palestinians consider that their homeland was lost during the establishment of Israel in 1948, and see the right of return as crucial to a peace agreement with Israel, even if the vast majority of surviving refugees and their descendants do not exercise that right. The Palestinians consider the vast majority of refugees as victims of Israeli
ethnic cleansing Ethnic cleansing is the systematic forced removal of ethnic, racial, and religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer ...
during the
1948 Arab–Israeli War The 1948 (or First) Arab–Israeli War was the second and final stage of the 1948 Palestine war. It formally began following the end of the British Mandate for Palestine at midnight on 14 May 1948; the Israeli Declaration of Independence had ...
, and cite massacres such as Deir Yassin. All Palestinian political and militant groups, both Islamist and socialist, strongly support a right of return. The Palestinian National Authority views the right of return as a non-negotiable right. Almost all Israeli Jews oppose a literal right of return for Palestinian refugees on the grounds that allowing such an influx of Palestinians would render Jews a minority in Israel, thus transforming Israel into an Arab-Muslim state. In addition to the right-wing and center, a majority of the Israeli left, including the
far-left Far-left politics, also known as the radical left or the extreme left, are politics further to the left on the left–right political spectrum than the standard political left. The term does not have a single definition. Some scholars conside ...
, opposes the right of return on these grounds. The Israeli left is generally open to compromise on the issue, and supports resolving it by means such as financial compensation, family reunification initiatives, and the admittance of a highly limited number of refugees to Israel, but is opposed to a full right of return. The vast majority of Israelis believe that all or almost all of the refugees should be resettled in a
Palestinian state Palestine ( ar, فلسطين, Filasṭīn), officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state located in Western Asia. Officially governed by the Palestine Liberation Organization (PL ...
, their countries of residence, or third-party countries. The Israeli political leadership has consistently opposed the right of return, but it has made offers of compensation, assistance in resettlement, and return for an extremely limited number of refugees based on family reunification or humanitarian considerations during peace talks. Israel's first offer of any limited right of return came at the 1949 Lausanne Conference, when it offered to allow 100,000 refugees to return, though not necessarily to their homes, including 25,000 who had returned surreptitiously and 10,000 family-reunion cases. The proposal was conditioned on a peace treaty that would allow Israel to retain territory it had captured which had been allocated to a proposed Palestinian state, and the Arab states absorbing the remaining 550,000–650,000 refugees. The Arabs rejected the proposal on both moral and political grounds, and Israel quickly withdrew its limited offer. At the
2000 Camp David summit The 2000 Camp David Summit was a summit meeting at Camp David between United States president Bill Clinton, Israeli prime minister Ehud Barak and Palestinian Authority chairman Yasser Arafat. The summit took place between 11 and 25 July 2000 and ...
52 years following Israeli independence, Israel offered to set up an international fund for the compensation for the property which had been lost by 1948 Palestinian refugees, to which Israel would contribute. Israel offered to allow 100,000 refugees to return on the basis of humanitarian considerations or family reunification. All other refugees would be resettled in their present places of residents, the Palestinian state, or in third-party countries, with Israel contributing $30 billion to fund their resettlement. During this time, most of the original refugees had already died without any compensation. Israel demanded that in exchange, Arafat forever abandon the right of return, and Arafat's refusal has been cited as one of the leading causes of the summit's failure. The Palestinian right of return had been one of the issues whose solution had been deferred until the "final status agreement" in the Oslo Accords of 1993. Not only was there no final status agreement, but the Oslo process itself broke down, and its failure was a major cause of the
Second Intifada The Second Intifada ( ar, الانتفاضة الثانية, ; he, האינתיפאדה השנייה, ), also known as the Al-Aqsa Intifada ( ar, انتفاضة الأقصى, label=none, '), was a major Palestinian uprising against Israel. ...
and the continuing violence. In 2003, during the
Road map for peace The Roadmap for peace or road map for peace ( he, מפת הדרכים ''Mapa had'rakhim'', ''Khāriṭa ṭarīq as-salāmu'') was a plan to resolve the Israeli–Palestinian conflict proposed by the Quartet on the Middle East: the United State ...
, Israeli Foreign Minister
Silvan Shalom Zion Silvan Shalom ( he, ציון סילבן שלום, born 4 August 1958) is an Israeli politician who served as a member of the Knesset for Likud between 1992 and 2015. He held several prominent ministerial positions, including being Vice Pri ...
stated that the establishment of a Palestinian state was conditional upon waiving the right of return. Prime Minister Ariel Sharon said that the Palestinian Authority must also drop its demand for the right of return, calling it "a recipe for Israel's destruction". In 2008 the Palestinian Authority issued a statement "calling on all Palestinians living abroad to converge on Israel by land, sea and air" to mark Israel's 60 anniversary.


Historic attempts at resolution

Since the Palestinian exodus of 1948, there have been many attempts to resolve the right of return dispute. These have produced minor results at best. In 1949, Mark Etheridge, the
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
representative to the
United Nations Conciliation Commission The United Nations Conciliation Commission for Palestine (UNCCP) or Palestine Conciliation Commission (PCC) was created by UN-resolution 194 of 11 December 1948, in order to mediate in the Arab–Israeli conflict. The Commission consisted of Fran ...
(UNCC), suggested that Israel agree to grant full
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
to the 70,000 Arab residents in the Gaza Strip, as well as its 200,000 refugees, on the condition that the Gaza Strip—then part of Egypt—be incorporated into Israel. Israel's delegation to the UNCC accepted this offer, although this plan was rejected and criticized by Arab government, the United States, and even Israel's own government.Joseph B. Schechtman, ''The Refugees in the World'' (New York: Barnes, 1963), p. 212-3. In the Lausanne Conference, Israel announced to the UNCC on August 3, 1949, that it would allow up to 100,000 Palestinian refugees to return into Israel. But this plan was not designed as a panacea for the refugee crisis. Rather, it was to "form a part of a general plan for resettlement of refugees which would be established by a special organ to be created … by the United Nations." Israel reserved the right to permit settlement of the refugees only in areas in which settlement would not be detrimental to the security and economy of the state. The UNCC and Arab governments communicated unofficially at the matter. The Arab governments agreed to the offer, but under drastically different terms: that it apply only to the area originally allotted to Israel under the Partition Plan, that all refugees originating from areas allotted to Arabs or under international control be immediately allowed to return to their homes, and that Israel exercise no control over the location of resettlement. Since the parties failed to agree on the terms of the measure, it died in July of the following year, as
Israeli Foreign Minister The Israeli Ministry of Foreign Affairs ( he, מִשְׂרַד הַחוּץ, translit. ''Misrad HaHutz''; ar, وزارة الخارجية الإسرائيلية) is one of the most important ministries in the Israeli government. The ministry's ...
Moshe Sharett Moshe Sharett ( he, משה שרת, born Moshe Chertok (Hebrew: )‎ 15 October 1894 – 7 July 1965) was a Russian-born Israeli politician who served as Israel's second prime minister from 1954 to 1955. A member of Mapai, Sharett's term was b ...
declared: "The context in which that offer was made has disappeared, and Israel is no longer bound by that offer." On August 23, 1949, the United States sent Gordon R. Clapp,
chairman The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the gro ...
of the
board Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a ty ...
of the Tennessee Valley Authority, on the Clapp Mission. This mission was tasked with economic surveying, to estimate Arab states' capability of absorbing Palestinian refugees. This mission failed dramatically in achieving this goal. Clapp explained on February 16, 1950, in front of the American
House Foreign Affairs Committee The United States House Committee on Foreign Affairs, also known as the House Foreign Affairs Committee, is a standing committee of the U.S. House of Representatives with jurisdiction over bills and investigations concerning the foreign affairs o ...
: "Resettlement was a subject that the Arab governments were not willing to discuss, with the exception of King Abdallah ". The mission concluded that, although repatriation would be the best solution to the refugee question, circumstances on the ground would only allow philanthropic relief. Moreover, it recommended that this relief be limited to four small pilot projects: in Jordan, the West Bank, Lebanon, and Syria.Joseph B. Schechtman, ''The Refugees in the World'' (New York: Barnes, 1963), p. 214-5. On December 2, 1950, the United Nations General Assembly passed resolution 393 by a vote of 46 in favor, 0 against, 6 abstaining.Joseph B. Schechtman, ''The Refugees in the World'' (New York: Barnes, 1963), p. 219–22. This resolution allocated, for the period 1 July 1951 to 30 June 1952, "not less than the equivalent of $30,000,000" for the economic reintegration of Palestinian refugees in the Near East "either by repatriation or resettlement", their permanent re-establishment and removal from relief, "without prejudice to the provisions of paragraph 11 of General Assembly Resolution 194"., The United Nations General Assembly, December 2, 1950. Accessed Nov 24, 2012. Toward this goal, Israel donated the equivalent of $2.8 million, and Arab states pledged almost $600,000. The United States accounted for the greatest pledge with $25 million. On November 29, 1951, John B. Blandford Jr., then director of UNRWA, proposed spending $50 million on relief for Palestinian refugees, and another $200 million on their integration into the communities where they resided. ''The New York Times'' reported that Blandford aspired to see 150,000 to 250,000 refugees resettled in Arab nations by building an economic infrastructure which would make their integration more plausible and sustainable for Arab societies. On January 26, 1952, the General Assembly accepted his proposal. In 1955,
Henry Richardson Labouisse Henry Richardson Labouisse Jr. (February 11, 1904 – March 25, 1987) was an American diplomat and statesman. He was the third Director of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) from 1954 to ...
, who had by that time become UNRWA's third director, reported that "Resistance to self-support programmes is particularly evident in the case of large-scale development projects, since the latter inevitably appear to the refugees to carry serious political implications. Their cost, size and consequent permanence raise in the minds of the refugees the fear that to accept settlement on them will be tantamount to giving up the hope of repatriation." In 2002, former representative of the
Palestinian Liberation Organization The Palestine Liberation Organization (PLO; ar, منظمة التحرير الفلسطينية, ') is a Palestinian nationalist political and militant organization founded in 1964 with the initial purpose of establishing Arab unity and s ...
Sari Nusseibeh Sari Nusseibeh ( ar, سري نسيبة) (born in 1949) is a Palestinian professor of philosophy and former president of the Al-Quds University in Jerusalem. Until December 2002, he was the representative of the Palestinian National Authority in t ...
proposed a settlement between Israel and Palestine which would grant Palestinians a right of return to a Palestinian state, but not to Israel. The proposal failed. The
2003 Geneva Accord The Geneva Initiative, also known as the Geneva Accord, is a draft ''Permanent Status Agreement'' to end the Israeli–Palestinian conflict, based on previous official negotiations, international resolutions, the Quartet Roadmap, the Clinton Pa ...
, which was an agreement between individuals and not between official representatives of the government of Israel and the Palestinian people, completely relinquished the idea of a Right of Return. This document is extra-governmental and, therefore, unofficial and non-binding. In 2013 Boston University hosted the Right of Return conference.


See also

* Al Awda *
Cham issue The Cham issue refers to a controversy which has been raised by Albania since the 1990s over the repatriation of the Cham Albanians, who were expelled from the Greek region of Epirus between 1944 and 1945, at the end of World War II, citing the ...
*
Israeli–Palestinian conflict The Israeli–Palestinian conflict is one of the world's most enduring conflicts, beginning in the mid-20th century. Various attempts have been made to resolve the conflict as part of the Israeli–Palestinian peace process, alongside other eff ...
* Law of Return * List of Directors and Commissioners-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East *
Palestinian return to Israel Palestinian return to Israel refers to the movement of Palestinians back into the territory of present Israel. The period from 1948 to 1956 saw extensive attempts by Palestinians to cross the border, leading to violent clash between Israeli bord ...
*
Repatriation Repatriation is the process of returning a thing or a person to its country of origin or citizenship. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as to the pro ...
*
Right of return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
*
Thawabit Al-Thawabit al-Wataniyya ( ar, الثوابت الوطنية), shortened as Thawabit ('fundamental principles') and sometimes referred to as Palestinian red-lines, are a set of supra-constitutional principles that were formulated by the Palestini ...
*
UN General Assembly Resolution 194 United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 o ...


Notes


References

* * Gelber, Yoav (2006). ''Palestine 1948''. Sussex Academic Press. . * * Khalidi, Walid (1959). Why Did the Palestinians Leave? ''Middle East Forum'', July 1959. Reprinted as 'Why Did the Palestinians Leave Revisited', 2005, ''Journal of Palestine Studies'', XXXIV, No. 2., pp. 42–54. * * * Morris, Benny (2004). ''The Birth of the Palestinian Refugee Problem Revisited''. Cambridge: Cambridge University Press. * Pomerance, Michla (1982). ''Self-Determination in Law and Practice: The New Doctrine in the United States''. Martinus Nijhoff Publishers. * Schulz, Helena Lindholm (2003). ''The Palestinian Diaspora''. London: Routledge. * *


External links


Al Awda
The Palestinian Right to Return Coalition.
Right of return: Palestinian dream?
BBC News Online.
VIDEO: Muhammad Jaradat and Eitan Bronstein - "Acknowledging the Past; Imagining the Future: Israelis and Palestinians on 1948 and the Right of Return"
April 1, 2008, Portland, Oregon. Eitan Bronstein of the Jewish Israeli group, Zochrot, and Muhammad Jaradat of the Badil Resource Center for Palestinian Residency and Refugees' Rights. {{Nakbaend History of the Palestinian refugees Palestinian politics Human rights in Israel Human rights in the State of Palestine Statelessness