The Right of Return: A Palestinian Imperative
An Academic Examination of a Foundational Principle in the Israeli-Palestinian Conflict.
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Core Principles
Defining the Right
The Palestinian right of return is a political principle asserting that Palestinian refugees, displaced during the 1948 Palestinian expulsion and flight and the 1967 Six-Day War, along with their descendants, possess a right to return to their original homes and properties within present-day Israel and the Palestinian territories.
Scale of Displacement
The initial displacement in 1948 affected an estimated 700,000 to 800,000 Arabs. A subsequent exodus in 1967 resulted in an additional 280,000 to 350,000 refugees. Today, the total number of Palestinian refugees and their descendants is estimated to exceed four million.
International Recognition
Proponents view this right as a fundamental human right, protected under international law. Key affirmations include UN General Assembly Resolution 194 (1948), which resolved that refugees wishing to return should be permitted to do so, and Resolution 3236 (1974), which reaffirmed it as an "inalienable right."
Historical Context
Genesis of the Issue
The refugee problem originated during the 1948 Palestine war. Between December 1947 and November 1948, significant numbers of Palestinians left their homes due to Haganah/IDF operations, expulsions, psychological warfare, and fear, leading to an exodus estimated between 700,000 and 800,000 individuals.
Subsequent Displacement
The 1967 Six-Day War triggered another wave of displacement, with an estimated 280,000 to 350,000 Palestinians fleeing or being expelled from the West Bank, Gaza Strip, and Golan Heights. A significant portion of these were individuals displaced for a second time.
Property and Policy
Following the 1948 exodus, Israeli policy generally prevented refugee return. "Absentees' property" was managed by the Israeli government, and numerous Palestinian villages were leveled. This stance has been a central point of contention.
The Exodus Narratives
1948 Departures
Initial departures from December 1947 to March 1948 involved around 100,000 Palestinians, many from urban centers, expecting a temporary absence. From April to July 1948, Haganah offensives caused an estimated 250,000-300,000 to flee. Post-truce and during operations like Yoav and Hiram (October-November 1948), further waves of 200,000-220,000 departed, often due to expulsions or fear of atrocities.
Causes and Responsibilities
The causes of the exodus are debated. Historical analysis indicates that Haganah/IDF actions directly contributed to a significant percentage of departures. While some Palestinians left voluntarily or due to Arab leadership calls, a substantial portion were expelled or fled under duress resulting from military operations.
Refugee Status and Resettlement
Most Arab nations have not granted full citizenship to Palestinian refugees, who often rely on UNRWA aid. This policy is partly linked to the desire to maintain the refugees' claim to return to their original homes within Israel.
UN Resolution 194
Article 11
Passed on December 11, 1948, UN General Assembly Resolution 194, specifically Article 11, resolved that "the 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..."
Interpretive Discrepancies
The interpretation of Resolution 194 is contentious. Proponents view it as establishing an unconditional right of return. Israel, however, emphasizes that the resolution's applicability is conditional on refugees wishing to live "at peace with their neighbours" and that it is a recommendation, not a binding mandate.
Subsequent Affirmations
UN General Assembly Resolution 3236 (1974) reaffirmed the "inalienable right of the Palestinians to return to their homes and property," further solidifying the principle in international discourse, though its enforceability remains a key point of debate.
Divergent Viewpoints
Supporters' Arguments
Supporters cite the Universal Declaration of Human Rights (Article 13), Geneva Conventions, and UN resolutions. They argue that the right is individual, inalienable, and protected by principles of state succession and human rights law, asserting that property rights cannot be extinguished by new sovereignty or occupation.
Objectors' Contentions
Objectors argue that a full right of return would fundamentally alter Israel's demographic character, undermining its identity as a Jewish state. They contend that international law does not mandate repatriation in such cases, citing the lack of binding resolutions and the non-retroactivity of certain conventions. They also point to the precedent of Jewish refugees from Arab countries, who were generally not compensated or allowed to return.
Legal and Precedential Debates
Legal scholars debate the applicability and interpretation of international law, with arguments focusing on whether Resolution 194 constitutes a binding right or a recommendation, and the implications of post-war population movements and state succession principles.
Impact on Peace
Central Obstacle
The right of return remains a highly sensitive and contentious issue, significantly impacting the Israeli-Palestinian peace process. The inability to reconcile the Palestinian demand for return with Israeli security and demographic concerns has been a major impediment to achieving a lasting resolution.
Negotiation Stalemates
Historical peace negotiations, including the Lausanne Conference (1949), Camp David Summit (2000), and the Road Map for Peace (2003), have grappled with this issue. Proposals have ranged from limited return and compensation to resettlement in a future Palestinian state or third countries, with agreements proving elusive.
Proposed Solutions
Various solutions have been proposed, including financial compensation, symbolic return, family reunification, and resettlement in third countries. However, Palestinian factions generally maintain the right of return as non-negotiable, while Israel largely rejects a full return, viewing it as existential.
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References
References
- Universal Declaration of Human Rights, Article 13 at WikiSource.
- Benny Morris, Righteous Victims รขยย First Arab-Israeli War รขยย Operation Yoav.
- Abu Sitta, Salman (2001): From Refugees to Citizens at Home. London: Palestine Land Society and Palestinian Return Centre.
- Bowker 2003 p. 81
- Annual Report of the Director of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period 1 July 1954 to 30 June 1955, General Assembly, Tenth Session, Document A/2978
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Academic Disclaimer
Important Considerations
This content has been generated by an AI, drawing upon publicly available information from Wikipedia. It is intended for academic and educational purposes, providing an overview of the complex issue of the Palestinian right of return.
This is not political or legal advice. The information presented here is a synthesis of historical and legal perspectives and does not constitute an endorsement of any particular political stance or legal interpretation. Readers are encouraged to consult primary sources and diverse scholarly analyses for a comprehensive understanding.
The creators of this page are not responsible for any interpretations or actions taken based on the information provided.