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{{Short description|Political principle within the Israeli–Palestinian conflict sphere}} |
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[[File:Resolution 194.jpg|right|thumb|200px|This artwork is entitled [[United Nations General Assembly Resolution 194|Resolution 194]], a [[UN resolution]]. The keys symbolize those kept as mementos by many Palestinians who left their homes in 1948. Such keys and the [[Handala]] are common Palestinian symbols of support for the right of return.<ref>{{cite news |title=Right of remembrance |newspaper=Haaretz |date=August 12, 2004 |url=http://www.haaretz.com/right-of-remembrance-1.131326 |first=Aviv |last=Lavie}}</ref><ref>{{cite news |url=http://www.cbc.ca/world/story/2005/05/15/palestinians050515.html |title=Palestinians mark Al-Naqba Day |newspaper=[[Canadian Broadcasting Corporation|CBC]] |date=May 15, 2005}}</ref>]] |
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{{pp-extended|small=yes}} |
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{{Use dmy dates|date=April 2023}} |
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{{distinguish|text = the [[Law of Return|Israeli right of return]]}} |
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{{Redirects here|Al-Awda|3=Awda (disambiguation)}}[[File:Resolution 194.jpg|right|thumb|300px|This artwork is titled ''Resolution 194'', after the namesake [[United Nations General Assembly Resolution 194|UN General Assembly resolution]]. The keys symbolize those kept as mementos by many Palestinians who left their homes in 1948. [[Palestinian key|Such keys]] and the [[Handala]] are common Palestinian symbols of support for the right of return.<ref>{{cite news |title=Right of remembrance |newspaper=Haaretz |date=August 12, 2004 |url=http://www.haaretz.com/right-of-remembrance-1.131326 |first=Aviv |last=Lavie}}</ref><ref>{{cite news |url=https://www.cbc.ca/news/world/palestinians-mark-al-naqba-day-1.563335 |title=Palestinians mark Al-Naqba Day |publisher=[[Canadian Broadcasting Corporation|CBC]] |date=May 15, 2005}}</ref>]] |
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The '''Palestinian right of return''' |
The '''Palestinian right of return'''{{efn|{{Lang-ar|حق العودة الفلسطيني|translit='''Ḥaqq al-ʻAwdah al-Filasṭīnī'''}}; often shortened as {{Lang|ar|العودة}}, '''''al-ʻAwdah''''' or '''''al-Awda'''''}} is the political position or principle that [[Palestinian refugees]], both [[Immigrant generations#First generation|first-generation]] refugees (c. 30,000 to 50,000 people still alive {{As of|2012|lc=y}})<ref name="alg">{{cite news|title=U.S. State Department Affirms Support for 5 Million 'Palestinian Refugees'|url=http://www.algemeiner.com/2012/05/30/u-s-state-department-affirms-support-for-5-million-palestinian-refugees/|work=The Algemeiner|date=30 May 2012|access-date=31 May 2012|quote="[U.S.] Deputy Secretary of State Tom Nides (..) affirmed the State Department's view on the number of Palestinian refugees (..) that the UN and Works Agency for Palestinian Refugees in the Near East (UNRWA) "provides essential services for approximately 5 million refugees," (..) [[Middle East Forum]] founder Daniel Pipes recently noted in an op-ed for Israel Hayom that only 1 percent of the refugees served by UNRWA fit the agency's definition of "people whose normal place of residence was Palestine between June 1946 and May 1948, who lost both their homes and means of livelihood as a result of the 1948 Arab-Israeli conflict." The other 99 percent are descendants of refugees."}}</ref><ref name="unrwa30">{{cite news |quote=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 |url=http://www.timesofisrael.com/us-senate-dramatically-redefines-definition-of-palestinian-refugees/ |title=US Senate dramatically scales down definition of Palestinian 'refugees' |work=The Times of Israel |date=25 May 2012 |access-date=13 March 2024 |first=Ari Ben |last=Goldberg}}</ref> and their descendants (c. 5 million people {{As of|2012|lc=y}}),<ref name="alg"/> have a [[right to return]] 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]] (both formerly part of the [[Mandatory Palestine|British Mandate of Palestine]]) during the [[1948 Palestinian expulsion and flight]] (a result of the [[1948 Palestine war]]) and the [[Six-Day War|1967 Six-Day War]]. |
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The right of return was initially formulated on 27 June 1948 by United Nations mediator [[Folke Bernadotte]].<ref name="AdelmanBarkan2011">{{cite book|first1=Howard |last1=Adelman|first2=Elazar |last2=Barkan|title=No Return, No Refuge: Rites and Rights in Minority Repatriation|url=https://books.google.com/books?id=80j612aFo_4C&pg=PA203|year=2011|publisher=Columbia University Press|isbn=978-0-231-15336-2|pages=203|quote=As indicated earlier, the formulation of the right of return first appeared in Count Bernadotte's proposal of 27 June 1948... Bernadotte, who can correctly be viewed as the father of the right to return... But the murder of Bernadotte froze any further discussions on formulating a policy of resettlement.}}</ref> Proponents of the right of return hold that it is a [[human right]], whose applicability both generally and specifically to the Palestinians is protected under [[international law]].<ref name="ReferenceA">[[s:Universal Declaration of Human Rights#Article 13|Universal Declaration of Human Rights, Article 13 at WikiSource]].</ref> This view holds that those who opt not to return, or for whom return is not feasible, should receive compensation. 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.<ref>{{cite journal|last1=Abu-Laban|first1=Yasmeen|last2=Bakan|first2=Abigail B.|title=The racial contract: Israel/Palestine and Canada|journal=Social Identities|date=9 September 2008|volume=14|issue=5|pages=637–660|doi=10.1080/13504630802343481|s2cid=143510358}}</ref> |
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Opponents of the right of return hold that it is an unrealistic demand with no basis in international law and that if Israel were to absorb approximately five million Palestinians with an already existing large Arab population, it would lead to the demise of the Jewish state.<ref name="JPC">{{cite web |url=http://www.jewishpolicycenter.org/345/palestinian-right-of-return-is-not-inalienable |title=Palestinian 'Right of Return' is not 'Inalienable' |access-date=13 March 2024 |publisher=Jewish Policy Center |first=Michael |last=Sharnoff |date=13 October 2008}}</ref> 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.<ref>{{cite web |url=https://www.gov.il/en/Departments/General/do-palestinian-refugees-have-a-right-to-return-to-israel |title=Do Palestinian Refugees Have a Right to Return to Israel? |first=Ruth |last=Lapidoth |publisher=Israel Ministry of Foreign Affairs |date=January 15, 2001 |access-date=13 March 2024}}</ref><ref>{{cite web|url=http://www.jpost.com/EditionFrancaise/Home.aspxservlet/Satellite?pagename=JPost%2FJPArticle%2FShowFull&cid=1192380561934|archive-url=https://archive.today/20120708073349/http://www.jpost.com/EditionFrancaise/Home.aspxservlet/Satellite?pagename=JPost%2FJPArticle%2FShowFull&cid=1192380561934|url-status=dead|title=Israel News - Online Israeli News Covering Israel & The Jewish World …|date=8 July 2012|archive-date=8 July 2012}}</ref>{{Failed verification|date=March 2024|reason=Does not lead to specific article.|talk=Failed verification: Jerusalem Post homepage}} |
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== Background == |
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Other disputed aspects include the issue of the territorial unit to which Palestinian [[self-determination]] would attach, the context (whether primarily [[humanitarian]] or political) by which the right is being advanced, and the universality of the principles advocated or established to other (current and former) [[refugee]] situations.<ref>Pomerance, 1982, p. 22.</ref> |
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{{Israel-Palestinian peace process|Primary}} |
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== |
=== Overview === |
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The number of [[1948 Palestinian exodus|Palestinian refugees of the 1948 war]] is estimated at between 700,000 and 800,000, and another 280,000 to 350,000 people were [[1967 Palestinian exodus|refugees of the 1967 war]].<ref name=Yiftachelp58>{{harvnb|Yiftachel|2006|page=58}}</ref><ref name=Kimmerlingp23>{{harvnb|Kimmerling|2003|page=23}}</ref><ref name=mcdowall84>{{harvnb|McDowall|1989|page=84}}</ref><ref>{{harvnb|Bowker|2003|page=81}}</ref> Approximately 120,000–170,000 among the 1967 refugees are believed to have also been refugees from the 1948 war, fleeing a second time.<ref>{{cite book |url=https://archive.org/details/refugeesintociti00arzt/page/17 |title=Refugees Into Citizens: Palestinians and the End of the Arab-Israeli Conflict |page=17 |first=Donna E. |last=Arzt |isbn=0-87609-194-X |date=1997 |publisher=The Council on Foreign Relations}}</ref> Today, the estimated number of Palestinian refugees and their descendants exceeds four million.<ref name=USATODAY>{{cite news |url=https://web.archive.org/web/20090205171655/https://www.usatoday.com/news/world/2003-05-07-mideast_x.htm |title=Palestinian premier rejects Israel's condition for talks |newspaper=Associated Press |first=Nasser |last=Ishtayeh |date=7 May 2003 |archive-url=https://web.archive.org/web/20030605105454/https://www.usatoday.com/news/world/2003-05-07-mideast_x.htm |archive-date=5 June 2003 |access-date=7 September 2017 |url-status=live }}</ref> The right of return has been of great importance to Palestinians since then.<ref name=Monde>{{cite web|title=The Palestinian Diaspora|publisher=[[Le Monde Diplomatique]] (in English)|access-date=2007-09-05|url=http://mondediplo.com/focus/mideast/question-3-3-1-en|archive-url=https://web.archive.org/web/20020616235546/http://mondediplo.com/focus/mideast/question-3-3-1-en|archive-date=16 June 2002|url-status=live}}</ref> |
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{{Israel-Palestinian peace process}} |
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The first formal recognition of a right of return was in [[United Nations General Assembly Resolution 194|UN General Assembly Resolution 194]] passed on 11 December 1948 which provided (Article 11): |
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===Overview=== |
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The number of [[1948 Palestinian exodus|Palestinian refugees of the 1948 war]] is estimated at between 700,000 and 800,000, and another 280,000 to 350,000 people were [[1967 Palestinian exodus|refugees of the 1967 war]].<ref name=Yiftachelp58>Yiftachel, 2006, p. 58.</ref><ref name=Kimmerlingp23>Kimmerling, 2003, p. 23.</ref><ref name=mcdowall84>McDowall, 1989, p. 84.</ref><ref>Bowker, 2003, p. 81.</ref> Approximately 120,000-170,000 among the 1967 refugees are believed to have also been refugees from the 1948 war, fleeing a second time.<ref>[http://books.google.com/books?id=fGDPWvyPcDMC&pg=PA17&dq=donna+arzt+280000&sig=gyiHlwhDz7z8D4nFiQWRuXVvUoY 'Refugees Into Citizens: Palestinians and the End of the Arab-Israeli Conflict' pg.17] By Donna E. Arzt, ISBN 0-87609-194-X</ref> Today, the estimated number of Palestinian refugees, including both first-generation refugees and their descendants, exceeds four million.<ref name=USATODAY>{{cite news |url=http://www.usatoday.com/news/world/2003-05-07-mideast_x.htm |title=Palestinian premier rejects Israel's condition for talks |newspaper=AP date=May 7, 2003 |first=Nasser |last=Ishtayeh}}</ref> |
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{{blockquote|Resolves 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 and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.}} |
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The issue of the right of return has been of great importance to Palestinians since 1948, when the refugee problem was created.<ref name=Monde>{{cite web|title=The Palestinian Diaspora|publisher=[[Le Monde Diplomatique]] (in English)|accessdate=2007-09-05|url=http://mondediplo.com/focus/mideast/question-3-3-1-en}}</ref> |
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The [[United Nations General Assembly Resolution 3236|UN General Assembly Resolution 3236]], passed on 22 November 1974, declared the right of return to be an "[[inalienable right]]".<ref name=Monde /> |
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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.<ref>[http://domino.un.org/pdfs/AAC25IS33.pdf UN Doc. IS/33 2 August 1948] Text of a statement made by Moshe Sharett on 1 August 1948</ref> |
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The right of return was defined as the "foremost of Palestinian rights" at the 12th [[Palestine National Council]] meeting in 1974 when it became the first component of the [[Palestine Liberation Organization]]'s trinity of inalienable rights, along with the right of self-determination and the right to an independent state.<ref>{{harvnb|Schulz|2003|page=141}}</ref> |
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The first formal move towards the recognition of a right of return was in [[United Nations General Assembly Resolution 194|UN General Assembly Resolution 194]] passed on 11 December 1948 which provided (Article 11): |
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Since the birth of the refugee problem, Israel has consistently rejected the idea that 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 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.<ref> Text of a statement made by Moshe Sharett on 1 August 1948, included in {{cite web |url=http://domino.un.org/pdfs/AAC25IS33.pdf |title=UN Doc. IS/33 |date=2 August 1948 |archive-url=https://web.archive.org/web/20080911064337/http://domino.un.org/pdfs/AAC25IS33.pdf |archive-date=11 September 2008 }}</ref> |
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:Resolves 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 and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible. |
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[[United Nations General Assembly Resolution 3236|UN General Assembly Resolution 3236]], passed on 22 November 1974 declared the right of return to be an "[[inalienable right]]".<ref name=Monde/> |
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However, General Assembly resolutions are not binding in international law, and the [[Oslo Accords|Oslo Agreements]] deliberately omit any mention of these resolutions.<ref>{{cite news |
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|url= http://news.bbc.co.uk/2/hi/middle_east/3629923.stm |
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|title= Right of return: Palestinian dream |
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|first= Heather |
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|last= Sharp |
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|work= [[BBC News]] |
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|accessdate= 2004-04-15 |
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| date=2004-04-15}}</ref> |
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The right of return was defined as the "foremost of Palestinian rights" at the 12th [[Palestine National Council]] meeting in 1974 when it became the first component of the [[Palestine Liberation Organization]]'s trinity of inalienable rights, the others being the right of self determination and the right to an independent state.<ref>Schulz, 2003, p. 141.</ref> |
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=== 1948 Palestinian exodus === |
=== 1948 Palestinian exodus === |
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{{Main|1948 Palestinian exodus}} |
{{Main|1948 Palestinian exodus}} |
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{{See also|Killings and massacres during the 1948 Palestine War}} |
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The [[Palestinian refugee]] problem started during the [[1948 Palestine War]], 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. |
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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.<ref>[[#morris birth revisited|Benny Morris (2004)]], pp.138-139.</ref> From April to July, between 250,000 and 300,000 fled in front of [[Haganah]] offensives, mainly from the towns of [[Operation Bi'ur Hametz|Haifa]], [[Tiberias]], [[Beit-Shean]], [[Safed]], [[Jaffa]] and [[Acre, Israel|Acre]], that lost more than 90% of their Arab inhabitants.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.262</ref> Some expulsions arose, particularly along the Tel-Aviv – Jerusalem road<ref>[[#morris birth revisited|Benny Morris (2004)]], pp.233–240.</ref> and in [[Eastern Galilee]].<ref>[[#morris birth revisited|Benny Morris (2004)]], pp.248–252.</ref> After the truce of June, about 100,000 Palestinians became refugees.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.448.</ref> About 50,000 inhabitants of Lydda and Ramle were expelled towards [[Ramallah]] by Israeli forces during [[Operation Danny]],<ref>[[#morris birth revisited|Benny Morris (2004)]], pp.423–436.</ref> and most others during clearing operations performed by the IDF on its rear areas.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.438.</ref> During [[Operation Dekel]], the Arabs of Nazareth and South Galilee could remain in their homes.<ref>[[#morris birth revisited|Benny Morris (2004)]], pp.415–423.</ref> They later formed the core of the [[Arab Israelis]]. From October to November 1948, the IDF launched [[Operation Yoav]] to chase Egyptian forces from the Negev and [[Operation Hiram]] to chase the [[Arab Liberation Army]] 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.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.492.</ref> During Operation Hiram, at least nine massacres of Arabs were performed by IDF soldiers.<ref>[[Benny Morris]], ''Righteous Victims'' – First Arab-Israeli War – Operation Yoav.</ref> 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.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.538</ref> |
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The [[Palestinian refugee]] problem started during the [[1948 Palestine War]], when between 700,000 and 750,000 Arabs fled or were expelled from their homes in the area that would become Israel. They settled in refugee camps in Transjordan (including the area now known as the West Bank), Lebanon, Syria and in Egypt (including the area now known as the Gaza Strip). |
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The [[United Nations]] estimated the number of refugees outside Israel at 711,000.<ref name="Final Estimate">{{cite web |title=General Progress Report and Supplementary Report of the United Nations Conciliation Commission for Palestine, Covering the Period from 11 December 1949 to 23 October 1950 |url=https://unispal.un.org/DPA/DPR/unispal.nsf/0/93037E3B939746DE8525610200567883 |date=October 23, 1950 |access-date=2007-06-14 |publisher=The United Nations |archive-url=https://web.archive.org/web/20160813063103/https://unispal.un.org/DPA/DPR/unispal.nsf/0/93037E3B939746DE8525610200567883 |archive-date=13 August 2016 |url-status=live }}</ref> |
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From December 1947 to March 1948, around 100,000 Palestinians left. Among them were many from the higher and middle classes from the cities, who left voluntarily, expecting to return when the situation had calmed down.<ref>[[#morris birth revisited|Benny Morris (2003)]], pp.138-139.</ref> From April to July, between 250,000 and 300,000 fled in front of Haganah offensives, mainly from the towns of [[Operation Bi'ur Hametz|Haifa]], [[Tiberias]], [[Beit-Shean]], [[Safed]], [[Jaffa]] and [[Acre]], that lost more than 90% of their Arab inhabitants.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.262</ref> Some expulsions arose, particularly along the Tel-Aviv - Jerusalem road<ref>[[#morris birth revisited|Benny Morris (2003)]], pp.233-240.</ref> and in [[Eastern Galilee]].<ref>[[#morris birth revisited|Benny Morris (2003)]], pp.248-252.</ref> After the truce of June, about 100,000 Palestinians became refugees.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.448.</ref> About 50,000 inhabitants of Lydda and Ramle were expelled towards [[Ramallah]] by Israeli forces during [[Operation Danny]],<ref>[[#morris birth revisited|Benny Morris (2003)]], pp.423-436.</ref> and most others during clearing operations performed by the IDF on its rear areas.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.438.</ref> During [[Operation Dekel]], the Arabs of Nazareth and South Galilee could remain in their homes.<ref>[[#morris birth revisited|Benny Morris (2003)]], pp.415-423.</ref> They later formed the core of the [[Arab Israelis]]. From October to November 1948, the IDF launched [[Operation Yoav]] to chase Egyptian forces from the Negev and [[Operation Hiram]] to chase the [[Arab Liberation Army]] 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.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.492.</ref> During Operation Hiram, at least nine massacres of Arabs were performed by IDF soldiers.<ref>[[Benny Morris]], ''Righteous Victims'' - First Arab-Israeli War - Operation Yoav.</ref> 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.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.538</ref> |
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The [[United Nations|UN]] estimated the number of refugees outside Israel at 711,000.<ref name = "Final Estimate">{{cite web | title = General Progress Report and Supplementary Report of the United Nations Conciliation Commission for Palestine], Covering the Period from 11 December 1949 to 23 October 1950 | url = http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/93037e3b939746de8525610200567883!OpenDocument | date = October 23, 1950 | accessdate = 2007-06-14 | publisher = The United Nations |archiveurl = http://web.archive.org/web/20070606212650/http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/93037e3b939746de8525610200567883!OpenDocument <!-- Bot retrieved archive --> |archivedate = 2007-06-06}}</ref> |
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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. |
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.{{citation needed|date=August 2017}} 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.<ref>{{cite book |last=Chomsky |first=Noam |author-link=Noam Chomsky |date=1983 |title=The Fateful Triangle: the United States, Israel, and the Palestinians |url=https://archive.org/details/fatefultriangleu00chom |url-access=registration |location=Boston |publisher=South End Press |isbn=0-89608-601-1}}</ref>{{Better source needed|date=September 2018}} |
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=== Causes and responsibilities === |
=== Causes and responsibilities === |
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{{Main|Causes of the 1948 Palestinian exodus}} |
{{Main|Causes of the 1948 Palestinian exodus}} |
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The causes and responsibilities of the exodus are a matter of controversy among historians and commentators of the conflict.<ref>{{cite web |last=Shlaim |first=Avi |url=http://users.ox.ac.uk/~ssfc0005/The%20War%20of%20the%20Israeli%20Historians.html |title=The War of the Israeli Historians |website=users.ox.ac.uk|date=1 December 2003 |access-date=13 March 2024}}</ref> 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.<ref>[[Benny Morris]], 1989, ''The Birth of the Palestinian Refugee Problem, 1947–1949'', Cambridge University Press; [[Benny Morris]], 1991, ''1948 and after; Israel and the Palestinians'', Clarendon Press, Oxford; [[Walid Khalidi]], 1992, ''[[All That Remains: The Palestinian Villages Occupied and Depopulated by Israel in 1948]]'', Institute for Palestine Studies; [[Nur Masalha]], 1992, ''Expulsion of the Palestinians: The Concept of "Transfer" in Zionist Political Thought'', Institute for Palestine Studies; [[Efraim Karsh]], 1997, ''Fabricating Israeli History: The "New Historians"'', Cass; [[Benny Morris]], 2004, ''The Birth of the Palestinian Refugee Problem Revisited'', Cambridge University Press; [[Yoav Gelber]], 2006, ''Palestine 1948: War, Escape and the Palestinian Refugee Problem'', Oxford University Press; [[Ilan Pappé]], 2006, ''The Ethnic Cleansing of Palestine'', OneWorld</ref> |
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The causes and responsibilities of the exodus are a matter of controversy among historians and commentators of the conflict.<ref>{{cite web |last=Shlaim |first=Avi]] |url=http://users.ox.ac.uk/~ssfc0005/The%20War%20of%20the%20Israeli%20Historians.html |title=The War of the Israeli Historians |publisher=[[Center for Arab Studies]]|date=1 December 2003}}</ref> 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.<ref>[[Benny Morris]], 1989, ''The Birth of the Palestinian Refugee Problem, 1947-1949'', Cambridge University Press; [[Benny Morris]], 1991, ''1948 and after; Israel and the Palestinians'', Clarendon Press, Oxford; [[Walid Khalidi]], 1992, ''All That Remains: The Palestinian Villages Occupied and Depopulated by Israel in 1948'', Institute for Palestine Studies; [[Nur Masalha]], 1992, ''Expulsion of the Palestinians: The Concept of "Transfer" in Zionist Political Thought'', Institute for Palestine Studies; [[Efraim Karsh]], 1997, ''Fabricating Israeli History: The "New Historians"'', Cass; [[Benny Morris]], 2004, ''The Birth of the Palestinian Refugee Problem Revisited'', Cambridge University Press; [[Yoav Gelber]], 2006, ''Palestine 1948: War, Escape and the Palestinian Refugee Problem'', Oxford University Press; [[Ilan Pappé]], 2006, ''The Ethnic Cleansing of Palestine'', OneWorld</ref> |
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=== Absentees' property === |
=== Absentees' property === |
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{{Main| |
{{Main|Israeli land and property laws}} |
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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 [of those who have fled]".<ref>[[#morris birth revisited|Benny Morris (2004)]], p.311</ref> 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]] and [[Ezra Danin]] started lobbying against repatriation.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.311.</ref> A ''Transfer Committee'' and a policy of ''faits accomplis'' were set up to prevent a refugee return.<ref>[[#morris birth revisited|Benny Morris (2004)]], p.312.</ref> In July, it had become an official policy:<ref>[[#morris birth revisited|Benny Morris (2004)]], p.334.</ref> "[[Land and Property laws in Israel|Absentees' property]]" was managed by Israeli government and numerous Palestinian villages were leveled. |
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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.<ref>{{cite web |url=http://prrn.mcgill.ca/research/papers/lustick.htm |title=Negotiating Truth: The Holocaust, Lehavdel, and al-Nakba |first=Ian S. |last=Lustick |access-date=13 March 2024}}</ref> 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.<ref>{{cite web |url=http://fpif.org/history-right-return-israel-palestine/ |title=History and the Right of Return in Israel-Palestine |first=David |last=Benkof |website=Foreign Policy in Focus (FPIF) |date=January 23, 2014 |access-date=13 March 2024}}</ref> |
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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 [of those who have fled]".<ref>[[#morris birth revisited|Benny Morris (2003)]], p.311</ref> 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]] and [[Ezra Danin]] started lobbying against repatriation.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.311.</ref> A ''Transfer Committee'' and a policy of ''faits accomplis'' were set up to prevent a refugee return.<ref>[[#morris birth revisited|Benny Morris (2003)]], p.312.</ref> In July, it had become an official policy:<ref>[[#morris birth revisited|Benny Morris (2003)]], p.334.</ref> "[[Land and Property laws in Israel|Absentees' property]]" was managed by Israeli government and numerous Palestinian villages were leveled. |
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In 1945, of 26.4 million [[dunam]]s 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]]).<ref>{{cite web |url=http://www.passia.org/palestine_facts/MAPS/Zionist_and_Palestinian_landownership.htm |title=Before Their Diaspora |publisher=Institute for Palestine Studies |year=1984 |url-status=dead |archive-url=https://web.archive.org/web/20110604201355/http://www.passia.org/palestine_facts/MAPS/Zionist_and_Palestinian_landownership.htm |archive-date=2011-06-04 }}</ref><ref>{{Cite web|url=http://www.palestineremembered.com/download/VillageStatistics/4-The%20Land%20And%20Its%20Ownership/Page-019.jpg|title=Village Statistics of 1945: A Classification of Land and Area ownership in Palestine|accessdate=20 April 2023}}</ref> By 1949, Israel controlled 20.5 million [[dunam]]s (approx. 20,500 km<sup>2</sup>) or 78% of lands in what had been Mandate Palestine: 8% (approx. 1,650 km<sup>2</sup>) were privately controlled by Jews, 6% (approx. 1,300 km<sup>2</sup>) by Arabs, with the remaining 86% was public land.<ref>Abu Sitta, Salman (2001): ''From Refugees to Citizens at Home''. London: Palestine Land Society and Palestinian Return Centre.</ref> |
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A parallel has been drawn by some commentators between the state and private restitutions made from Germany to Israel over Holocaust thefts and the compensation due to Palestinians evicted in the formation of Israel.<ref>{{cite web |url=http://prrn.mcgill.ca/research/papers/lustick.htm |title=Negotiating Truth: The Holocaust, Lehavdel, and al-Nakba |first= Ian S. |last=Lustick}}</ref> 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. |
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In 1945, of 26.4 million [[dunam]]s 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 millions constituted the desertic Beersheba district ([[Negev]]).<ref>{{cite web |url=http://www.passia.org/palestine_facts/MAPS/Zionist_and_Palestinian_landownership.htm |title=Before Their Diaspora |publisher=Institute for Palestine Studies |year=1984}}</ref><ref>Village Statistics of 1945: A Classification of Land and Area ownership in Palestine [http://www.palestineremembered.com/download/VillageStatistics/4-The%20Land%20And%20Its%20Ownership/Page-019.jpg]</ref> By 1949, Israel controlled 20.5 million [[dunam]]s (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.<ref>Abu Sitta, Salman (2001): ''From Refugees to Citizens at Home''. London: Palestine Land Society and Palestinian Return Centre, 2001.</ref> |
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=== 1967 Palestinian exodus === |
=== 1967 Palestinian exodus === |
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{{Main|1967 Palestinian exodus}} |
{{Main|1967 Palestinian exodus}} |
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During the [[Six-Day War]] another Palestinian exodus occurred. An estimated 280,000 to 350,000<ref>UN figures, see Bowker, p. 81.</ref> Palestinians fled or were expelled<ref>{{cite book |quote=Altogether some 200,000-300,000 Arabs fled or were driven from the West Bank and Gaza Strip...during the war and in the weeks immediately thereafter. Another eighty to ninety thousand fled or were driven from the Golan Heights |last=Morris |first=Benny |date=2001 |title=Righteous Victims |publisher=Vintage Books |isbn=0-679-74475-4 |page=327}}</ref> 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.<ref>{{harvnb|Bowker|2003}} [https://books.google.com/books?id=LOYtfyJFBIQC&dq=Robert+Bowker+Palestinian+Refugees+280,000&pg=PA81 p. 81]</ref> |
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=== Relationship to Jewish exodus from Arab countries === |
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During the [[Six-Day War]] another Palestinian exodus occurred. An estimated 280,000 to 350,000<ref>UN figures, see Bowker, p. 81.</ref> Palestinians fled or were expelled<ref>''"Altogether some 200,000-300,000 Arabs fled or were driven from the West Bank and Gaza Strip...during the war and in the weeks immediately thereafter. Another eighty to ninety thousand fled or were driven from the Golan Heights."'' - Morris, Benny (2001): ''Righteous Victims'', Vintage Books, ISBN 0-679-74475-4, page 327.</ref> 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.<ref>[http://books.google.com/books?pg=PA81&dq=Robert+Bowker+Palestinian+Refugees+280,000&sig=ZYGy67XfbUwaur4OOR6ebBDaMa8&id=LOYtfyJFBIQC&output=html&hl=en 'Palestinian Refugees: Mythology, Identity, and the Search for Peace' pg.81] By Robert Bowker ISBN 1-58826-202-2</ref> |
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{{Main|Jewish exodus from Arab and Muslim countries}} |
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[[File:Op Magic Carpet (Yemenites).jpg|thumb|left|[[Yemenite Jew]]s en route from [[Aden]] to [[Israel]]]] |
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A comparison is often made between the situation of Palestinian refugees and [[Jewish exodus from Arab and Muslim countries|the exodus of Jews from Arab countries]] who are now in Israel (or elsewhere). |
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===Relationship to Jewish exodus from Arab countries=== |
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{{Main|Jewish exodus from Arab and Muslim lands}} |
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[[File:Op Magic Carpet (Yemenites).jpg|thumb|left|200px|Yemenite Jews en route from Aden to Israel]] |
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A comparison is often made between the situation of Palestinian refugees and [[Jewish exodus from Arab lands|the exodus of Jews from Arab countries]] who are now in Israel (or elsewhere). |
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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.<ref name=aiwwj>Schwartz |
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.<ref name=aiwwj>{{cite news |last=Schwartz |first=Adi |url=http://www.haaretz.com/hasen/spages/941518.html |title=All I wanted was justice |work=[[Haaretz]] |date=10 January 2008}}{{dead link |date=March 2024 |fix-attempted=yes}}</ref><ref name=Shulewitz>{{cite book |first=Malka |last=Hillel Shulewitz |title=The Forgotten Millions: The Modern Jewish Exodus from Arab Lands |publisher=Continuum |date=2001 |pages=139, 155 |isbn=9780826447647}}</ref><ref name=Aharoni>{{cite web |first=Ada |last=Aharoni|url=http://www.hsje.org/SecondExodus/The%20Forced%20Migration%20of%20Jews%20from%20Arab%20Countries.pdf |title=The Forced Migration of Jews from Arab Countries |website=Historical Society of Jews from Egypt |access-date=13 March 2024 |date=August 2002}}</ref> |
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In 2000, Bobby Brown, advisor to prime minister Benjamin Netanyahu on Diaspora affairs and delegates from the World Jewish Congress and the Conference of Presidents of Major American Jewish Organizations 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 compensation |
In 2000, Bobby Brown, advisor to prime minister [[Benjamin Netanyahu]] on Diaspora affairs and delegates from the [[World Jewish Congress]] and the [[Conference of Presidents of Major American Jewish Organizations]] 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.<ref>{{cite news |url=http://www.haaretz.com/hasen/pages/ShArt.jhtml?itemNo=329736 |title=Hitching a ride on the magic carpet |quote=Any analogy between Palestinian refugees and Jewish immigrants from Arab lands is folly in historical and political terms |work=Haaretz |date=15 August 2003}}{{dead link |date=March 2024 |fix-attempted=yes}}</ref> Then-president of the United States 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. |
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In 2002, the organization "[[Justice for Jews from Arab Countries]]" (JJAC) was created and |
In 2002, the organization "[[Justice for Jews from Arab Countries]]" (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.<ref>{{cite web|url=http://www.justiceforjews.com/6page.pdf|title=Introducing Justice for Jews from Arab Countries|url-status=dead|archive-url=https://web.archive.org/web/20110713130340/http://www.justiceforjews.com/6page.pdf|archive-date=2011-07-13}}</ref> Their achievement to date is described as "having returned the issue of Jews from Arab countries to the agenda of the Middle East." |
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=== Hometown return === |
=== Hometown return === |
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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 |
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.<ref>{{cite web|url=http://www.globalsecurity.org/military/library/news/2012/11/mil-121102-rferl01.htm|title=Abbas: No Right Of Hometown Return |date=2 November 2012 |access-date=13 March 2024 |publisher=[[Radio Free Europe/Radio Liberty]] |via=GlobalSecurity.org}}</ref><ref>{{cite news |last=Issacharoff |first=Avi |url=http://www.haaretz.com/blogs/east-side-story/by-keeping-abbas-under-a-glass-ceiling-israel-is-forgetting-its-real-enemy.premium-1.474066?localLinksEnabled=false |title=By keeping Abbas under a glass ceiling, Israel is forgetting its real enemy |work=Haaretz |date=3 November 2012 |access-date=13 March 2024}}</ref> 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.<ref>{{cite news |url=http://www.haaretz.com/news/diplomacy-defense/abbas-clarifies-i-have-not-given-up-demand-for-palestinian-right-of-return.premium-1.474214?localLinksEnabled=false |title=Abbas clarifies: I have not given up demand for Palestinian right of return |work=Haaretz |date=4 November 2012 |first1=Avi |last1=Issacharoff |first2=Barak |last2=Ravid |access-date=13 March 2024}}</ref> |
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== UN General Assembly Resolution 194 == |
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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.<ref>[http://www.haaretz.com/news/diplomacy-defense/abbas-clarifies-i-have-not-given-up-demand-for-palestinian-right-of-return.premium-1.474214?localLinksEnabled=false "Abbas clarifies: I have not given up demand for Palestinian right of return."] ''Haaretz Newspaper'', 4 November 2012.</ref> |
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==UN General Assembly resolution 194== |
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{{Nakba}} |
{{Nakba}} |
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{{main|United Nations General Assembly Resolution 194}} |
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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]].<ref name="Monde"/> It is said that [[United Nations]] [[UN General Assembly Resolution 194]] [http://domino.un.org/unispal.nsf/0/c758572b78d1cd0085256bcf0077e51a?OpenDocument] which was passed on December 11, 1948 recognized the right for the first time. General Assembly resolutions are not binding on states. |
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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]].<ref name="Monde" /> The [[United Nations]] [[UN General Assembly Resolution 194]]<ref>{{cite web|url=https://unispal.un.org/DPA/DPR/unispal.nsf/0/C758572B78D1CD0085256BCF0077E51A|title=A/RES/194 (III): Palestine -- Progress Report of the United Nations Mediator|date=11 December 1948|website=unispal.un.org|archive-url=https://web.archive.org/web/20170228211344/https://unispal.un.org/DPA/DPR/unispal.nsf/0/C758572B78D1CD0085256BCF0077E51A|archive-date=28 February 2017|access-date=9 August 2017|url-status=live}}</ref> which was passed on December 11, 1948, recognized the right of return for the first time. |
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Resolution 194 deals with the situation in the region of [[Palestine]] at |
Resolution 194 also deals with the situation in the region of [[Palestine (region)|Palestine]] at that time, establishing and defining the role of the [[United Nations Conciliation Commission]] as an organization to facilitate peace in the region. |
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===Article 11 |
=== Article 11 – Palestinian Refugees === |
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Within [[United Nations General Assembly Resolution 194]] (1948), it is (mainly) Article 11 which deals with the return of Palestinian refugees. |
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Article 11 of the resolution reads: |
Article 11 of the resolution reads: |
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{{blockquote|[The General Assembly] Resolves 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 and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.}} |
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===Interpretations=== |
=== Interpretations === |
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The exact meaning and timing of enforcement of the resolution were disputed from the beginning. |
The exact meaning and timing of enforcement of the resolution were disputed from the beginning. |
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Since the late 1960s, Article 11 has increasingly been quoted by those who interpret it as a basis for the "[[right of return]]" of Palestinian refugees. |
Since the late 1960s, Article 11 has increasingly been quoted by those who interpret it as a basis for the "[[right of return]]" of Palestinian refugees. |
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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". |
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".{{Citation needed|date=September 2018}} 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.<ref name="Final Estimate"/> |
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==Scope of the issue== |
== Scope of the issue == |
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===Supporters' viewpoints=== |
=== Supporters' viewpoints === |
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[[File:01-10-09GazaProtest WashDC-a.JPG|right|thumb|Protester with "Right of Return" poster, Washington, DC 2009]] |
[[File:01-10-09GazaProtest WashDC-a.JPG|right|thumb|Protester with "Right of Return" poster, Washington, DC 2009]] |
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Supporters of the right of return assert it partly based on the following sources: |
Supporters of the right of return assert it partly based on the following sources: |
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* |
* "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).<ref name="ReferenceA" /><ref name=bowker98>{{harvnb|Bowker|2003|page=99}}</ref> |
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* The [[Geneva Conventions]] of 1949.<ref name=bowker98/> |
* The [[Geneva Conventions]] of 1949.<ref name=bowker98 /> |
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* [[United Nations General Assembly Resolution 3236]] 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".<ref name="Radley, K 1978 pp. 586-614">{{cite journal |last=Radley |first=Kurt René |title=The Palestinian Refugees: The Right to Return in International Law |journal=The American Journal of International Law |volume=72 |issue=3 |date=July 1978 |pages=586–614 |doi=10.2307/2200460|jstor=2200460 }}</ref> |
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* ''The General Assembly, Having considered further the situation in Palestine ... Resolves that the refugees wishing to return to their homes and live at peace with their neighbors 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 in equity, should be made good by the Governments or authorities responsible."'' -[[UN General Assembly Resolution 194]] (11 December 1948)<ref name=UNGA194>[[United Nations General Assembly Resolution 194]]. United Nations General Assembly. December 11, 1948. [http://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/043/65/IMG/NR004365.pdf?OpenElement].</ref> |
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* [[United Nations Security Council Resolution 242]] affirms the necessity for "achieving a just settlement of the refugee problem".<ref>{{cite web|url=http://www.globalpolicy.org/security/issues/israel-palestine/returnindex.htm|title=Israel, Palestine and the Occupied Territories: The Right of Return of Palestinian Refugees|author=James Paul |website=Global Policy Forum |access-date=13 March 2024}}</ref><ref name="Radley, K 1978 pp. 586-614"/> |
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* [[United Nations General Assembly Resolution 3236]] 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".<ref>>Radley, K.René (1978): ''The Palestinian Refugees: The Right to Return in International Law''. The American Journal of International Law, Vol. 72, No. 3 (Jul., 1978), pp. 586-614.</ref> |
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* [[United Nations Security Council Resolution 242|Resolution 242 from the UN]] affirms the necessity for "achieving a just settlement of the refugee problem."<ref>[http://www.globalpolicy.org/security/issues/israel-palestine/returnindex.htm Palestinians' right of return]</ref><ref>Radley, K.René (1978): ''The Palestinian Refugees: The Right to Return in International Law''. The American Journal of International Law, Vol. 72, No. 3 (Jul., 1978), pp. 586-614.</ref> |
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* Supporters of the Palestinian right of return maintain that "the right of return for the 1948 Palestinian refugees still exists according to international law. It exists despite the language of the Oslo agreements, insufficient as they are in this regard, and despite the position of the current Israeli government. Palestinian refugees should be free to seek their right to repatriation, regardless of what the PLO acquiesces to, so long as UN Resolution 194 remains in force".<ref>[http://www.thejerusalemfund.org/ht/d/ContentDetails/i/2152 The Palestinian Refugees’ Right of Return Under International Law], by Wadie Said, The Jerusalem Fund for Education and Community Development</ref> |
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* ''No one shall be arbitrarily deprived of the right to enter his own country.'' -Article 12, [[International Covenant on Civil and Political Rights]] (23 March 1976).<ref>[[s:International Covenant on Civil and Political Rights#Article 12|Text at WikiSource]].</ref> |
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According to Akram,<ref name="Akram">{{cite journal |last=Akram |first=Susan M. |title=Palestinian Refugees and Their Legal Status: Rights, Politics, and Implications for a Just Solution |journal=Journal of Palestine Studies |volume=31 |issue=3 |date=Spring 2002 |pages=36–51 |doi=10.1525/jps.2002.31.3.36}}</ref> although the status of Palestinian nationals/citizens after the creation of the State of Israel has been much debated, established principles of [[state succession]]<ref>See further {{cite book |last=Brownlie |first=Ian |date=1990 |title=Principles of Public International Law |edition=4th |location=New York |publisher=Clarendon Press |page=661 |isbn=9780198256380}}</ref> 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.<ref name="Akram"/> |
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According to Akram<ref>Akram, Susan M. (2002): ''Palestinian Refugees and Their Legal Status: Rights, Politics, and Implications for |
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a Just Solution''. Journal of Palestine Studies, Vol. 31, No. 3. (Spring, 2002), pp. 36-51.</ref> although the status of Palestinian nationals/citizens after the creation of the State of Israel has been much debated, established principles of state succession,<ref>See further Brownlie, Ian (1990): ''Principles |
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of Public International Law''. 4th ed. (New York Clarendon Press, 1990), p. 661</ref> human rights and humanitarian law confirm that the denationalization of Palestinians was illegal and that they retain the right to return to their places of origin. |
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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.<ref name=Affirmation>{{cite web |title=Affirmation of the Palestinian Right of Return |url=http://globalpolicy.igc.org/security/issues/israel-palestine/return/2001/0808dclr.htm |work=Global Policy Forum |date=March 15, 2007 |access-date=2007-06-15}} {{dead link|date=October 2010|bot=H3llBot}}</ref> |
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The author states that denationalization of Palestinians was illegal, because when denationalization is based on race or ethnic origin, it is a violation of the general principles of nondiscrimination in customary international law, as well as of Articles 1 and 16 of the [[ICCPR]], 999 [[UNTS]] 173, 19 December 1966, and Article 5.d.ii of the [[CERD]], 660 [[UNTS]] 221, 7 March 1966. According to Akram, humanitarian law is breached because its principles prohibit transferring civilian populations |
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under the control of an occupier and require return of those expelled. The four [[Geneva Convention]]s of 1949, particularly the [[Fourth Geneva Convention]], have explicit provisions affirming the right of return to persons forced from their homes by hostilities. For example the "[http://www.unhchr.ch/html/menu3/b/92.htm Geneva Convention for the Protection of Civilian Persons in Time of War] (Geneva IV) of 1949," 75 [[UNTS]] 31, 12 August 1949. |
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Some [[American 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]] 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."<ref>{{cite web |author-link=Richard Ebeling |first=Richard |last=Ebeling |url=https://www.fff.org/explore-freedom/article/property-rights-return/ |title=Property Rights and the 'Right of Return' |website=Future of Freedom Foundation |date=May 26, 2003 |access-date=13 March 2024}}</ref> Attorney [[Stephen Halbrook]] 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]]."<ref>{{cite journal |first=Stephen P. |last=Halbrook |url=http://mises.org/journals/jls/5_4/5_4_2.pdf |title=The Alienation of a Homeland: How Palestine Became Israel |journal=[[Journal of Libertarian Studies]] |volume=5 |issue=4 |date=Fall 1981 |pages=357–374}}</ref> In "War Guilt in the Middle East" [[Murray Rothbard]] 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".<ref>{{cite journal |first=Murray |last=Rothbard |url=http://mises.org/journals/lar/pdfs/3_3/3_3_4.pdf |title=War Guilt in the Middle East |journal=Left and Right |volume=3 |issue=3 |date=Autumn 1967 |pages=20–30}}</ref> |
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Akram states that since 1948, the principles of the internationally binding right of return have been strengthened by their inclusion in numerous treaties, many of which bind Israel as a signatory. The right of return is expressly recognized in most international human rights instruments, including, Article 13.2 of the [[Universal Declaration of Human Rights]] (1948); Article 12.4 of the [[ICCPR]]; |
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Article 5.d.ii of the [[CERD]], 7 March 1966; Article VIII of the [[American Declaration of the Rights and Duties of Man|American Declaration of the Rights of Man]], Organization of American States (OAS), Res. XXX, OAS Official Records, OEA ser. L/w/I.4 (1965), Article 22.5 of the [[American Convention on Human Rights]], 1144 [[UNTS]] 123, 22 November 1969; Article 12.2 of the [[African Charter on Human and Peoples' Rights]], 1981, 21 [[ILM]] 59, 1982; and Article 3.2 of Protocol 4 of the [[European Convention for the Protection of Human Rights and Fundamental Freedoms]], 213 [[UNTS]] 221, 1950. |
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Palestinian and international authors have justified the right of return of the Palestinian refugees on several grounds:<ref>{{cite news |last1=McGeown |first1=Kate |last2=Asser |first2=Martin |url=http://news.bbc.co.uk/1/hi/in_depth/middle_east/2001/israel_and_the_palestinians/issues/1099279.stm |title=Right of return: Palestinian dream? |work=BBC News |date=18 February 2003 |access-date=13 March 2024}}</ref><ref>{{cite journal |last=Flapan |first=Simha |title=The Palestinian Exodus of 1948 |journal=Journal of Palestine Studies |volume=16 |issue=4 |date=Summer 1987 |pages=3–26 |doi=10.2307/2536718|jstor=2536718 }}</ref><ref>{{cite journal |last=Khalidi |first=Rashid I |author-link=Rashid Khalidi |title=Observations on the Right of Return |journal=Journal of Palestine Studies |volume= 21 |issue= 2 |date=Winter 1992 |pages=29–40 |doi=10.2307/2537217|jstor=2537217 }}</ref> |
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Akram claims that after 1969, the UN General Assembly, partly in response to new Arab and PLO priorities, shifted its perspective to acknowledge the Palestinians as a people having rights under the UN charter (see, for example, the first paragraph of [[UNGA]] [http://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/256/69/IMG/NR025669.pdf?OpenElement Res. 2535B of 10 December 1969], UN GAOR, 24th Sess., Supp. No. 30 at 25, UN Doc. A/8730 (1970). The author considers that recognition of the Palestinians' juridical status has been affirmed by all subsequent [[UN resolution]]s on the subject (see, for example, [http://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/349/37/IMG/NR034937.pdf?OpenElement UNGA Res. 2672C], UN GAOR, 25th Sess., Supp. No. 28 at 36, UN Doc. A/8028; [http://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/738/12/IMG/NR073812.pdf?OpenElement UNGA Res. 3210], UN GAOR, 24th Sess., Supp. No. 30 at 25, UN Doc. A/8730, 1970; [http://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/738/38/IMG/NR073838.pdf?OpenElement UNGA Res. 3236], UN GAOR, 29th Sess., Supp. No. 31 at 4, UN Doc. A/9631). |
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* Several authors included in the broader [[New Historians]] assert that the Palestinian refugees were chased out or expelled by the actions of the Jewish militant groups [[Haganah]], [[Lehi (group)|Lehi]] and [[Irgun]].<ref>{{cite news|title=No peaceful solution: Miron Rapaport interviewed Avi Shlaim for Ha'aretz Friday Supplement |work=[[Haaretz]] |url=http://www.editriceilponte.org/_files/HaaretzInterviewEnglish.pdf |archive-url=https://web.archive.org/web/20060507081443/http://www.editriceilponte.org/_files/HaaretzInterviewEnglish.pdf |archive-date=2006-05-07 |date=2005}}</ref><ref name=Tessler>{{cite book |last=Tessler |first=Mark |title=A History of the Israeli–Palestinian Conflict |publisher=Indiana University Press |date=1994 |isbn=0-253-20873-4}}</ref> |
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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: |
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Many Palestinians argue that they have an inherent right of return to land which they or their ancestors had owned or resided in previous to the establishment of the state of Israel, and that they must therefore be given full Israeli citizenship under the terms of any future peace agreement. They question the legality of Israeli control over these lands, and point out the necessity of said lands for their proper livelihood. UN General Assembly Resolution 194 supports this argument, and resolved that Israel should permit "refugees wishing to return to their homes and live at peace with their neighbors" to do so. Therefore, some have made the case that Israel is bound under international law to accept a full Palestinian right of return.<ref name=GPF>{{cite web | url = http://www.globalpolicy.org/security/issues/israel-palestine/return/2001/0808hrb.htm | title = The Palestinians’ Right of Return | author = Hussein Ibish | author2 = Ali Abunimah | date = Winter, 2001 | accessdate = 2007-05-21 | publisher = Global Policy Forum}}</ref></blockquote> |
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<blockquote>"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...<ref>{{cite journal |last=Morris |first=Benny |title=The Causes and Character of the Arab Exodus from Palestine: The Israel Defense Forces Intelligence Branch Analysis of June 1948 |journal=Middle Eastern Studies |volume=22 |issue=1 |date=January 1986 |pages=5–19 |doi=10.1080/00263208608700647}}</ref><ref>{{cite journal |last=Kapeliouk |first=Amnon |title=New Light on the Israeli-Arab Conflict and the Refugee Problem and Its Origins |page=21 |journal=Journal of Palestine Studies |volume=16 |issue=3 |date=Spring 1987 |doi=10.2307/2536786|jstor=2536786 }}</ref><ref>{{Cite web|url=https://mondediplo.com/1997/12/palestine|title=The expulsion of the Palestinians re-examined|first=Dominique|last=Vidal|date=December 1, 1997|website=Le Monde diplomatique |access-date=13 March 2024}}</ref>{{verify quote|reason=This "quotation" appears to be a mix of quotation and editorial interjection and it's unclear which is which. If the report does in fact refer to another report, it needs to be made clear what that is.|date=October 2019|type=quotation}}</blockquote> |
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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.<ref name=Affirmation>{{cite web | title = Affirmation of the Palestinian Right of Return | url = http://globalpolicy.igc.org/security/issues/israel-palestine/return/2001/0808dclr.htm | work = Global Policy Forum | date = March 15, 2007 | accessdate = 2007-06-15}} {{Dead link|date=October 2010|bot=H3llBot}}</ref> |
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=== Objectors' viewpoints === |
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Some also regard as a massive injustice the fact that [[Jews]] are allowed to immigrate to Israel under Israel's [[Law of Return]], even if their immediate ancestors have not lived in the area in recent years, while people who grew up in the area and whose immediate ancestors had lived there for generations are forbidden from returning.<ref>"Points of Unity." Al-Awda: The Palestine Right to Return Coalition [http://www.al-awda.org/pou.html].</ref> - |
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Objectors to a Palestinian right of return contend that such a right would destroy Israel as a Jewish state as it would leave Jews a minority in Israel. In a [[two-state solution]] 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.<ref>{{cite book |url=https://books.google.com/books?id=iMO9hP0SsPQC&dq=%22right+of+return%22+destroy+Israel&pg=PA100 |title=Tackling the Intractable: Palestinian Refugees and the Search for Middle Peace |first=Michael |last=Chiller-Glaus |publisher=Peter Lang |pages=99–102 |isbn=9783039112982 |date=2007}}</ref> |
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* The Israeli [[Law of Return]] grants citizenship to any Jew from anywhere in the world and is viewed by some as discrimination towards non-Jews and especially to Palestinians that cannot apply for such citizenship nor return to the territory from which they were displaced or left.<ref>Al-Awda web site on [http://www.al-awda.org/pou.html points of unity]</ref><ref>[http://www.samsonblinded.org/said_end_peace_process/66palestinians_claim_special_rights.htm Edward Said] cited on the issue of the Palestinian right of return and Israeli Law of Return in www.samsonblinded.org</ref><ref>The Arab Association of Human Rights criticises the Israeli Law of Return as being [http://www.arabhra.org/factsheets/factsheet1.htm discriminatory towards Arabs] in www.arabhra.org</ref><ref>[http://www.antiwar.com/cook/?articleid=10029 Jonathan Cook] considers the support for the Israeli Law of Return together with the opposition towards Palestinian Right of Return as a way that "maintains the act of ethnic cleansing that dispossessed the Palestinian refugees more than half a century ago."</ref> |
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The [[Global Policy Forum]] asserts its support for a Palestinian Right of Return on the grounds of international customs and law: |
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<blockquote>It is a generally recognized principle of international law that when sovereignty ... over an area changes hands, there is a concurrent transfer of responsibility for the population of that territory. Therefore it cannot be argued that Palestinians ... no longer had any rights with regard to the country in which they had lived simply because of a change in the nature of the ... government in that territory. Moreover, where expulsion or prevention from return results in ... statelessness, Article 15 of the Declaration, which stipulates that "[e]veryone has the right to a nationality," becomes a further relevant protection of the right of return.<ref name=GPF /></blockquote> |
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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]] writes: "If a settlement is reached between the Israelis and the Palestinians, justice would suggest that all legitimate property should be returned to its rightful owners and that residence by those owners on their property should be once again permitted."<ref>[[Richard Ebeling]], [http://www.fff.org/comment/com0305o.asp "Property Rights and the 'Right of Return'"], [[Future of Freedom Foundation]], May 26, 2003.</ref> Attorney Stephen P. Halbrook 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.”<ref>Stephen P. Halbrook, Esq., [http://mises.org/journals/jls/5_4/5_4_2.pdf "The Alienation of a Homeland: How Palestine Became Israel"], [[Journal of Libertarian Studies]], Vol. V, No. 4, Fall 1981.</ref> In "War Guilt in the Middle East" [[Murray Rothbard]] 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."<ref>Murray Rothbard, [http://mises.org/journals/lar/pdfs/3_3/3_3_4.pdf War Guilt in the Middle East], "Left and Right", Vol. 3 No. 3 (Autumn 1967) ([http://mises.org/rothbard/1967-1969.asp cited here].)</ref> |
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Palestinian and international authors have justified the right of return of the Palestinian refugees on several grounds:<ref>McGeown, Kate and Martin Asser. [http://news.bbc.co.uk/1/hi/in_depth/middle_east/2001/israel_and_the_palestinians/issues/1099279.stm "Right of return: Palestinian dream?"] ''BBC News''. 18 February 2003. 15 July 2007.</ref><ref>Flapan, Simha (1987):''The Palestinian Exodus of 1948''. Journal of Palestine Studies, Vol. 16, No. 4. (Summer, 1987), pp. 3-26.</ref><ref>Khalidi, Rashid I.(1992): ''Observations on the Right of Return''. Journal of Palestine Studies, Vol. 21, No. 2. (Winter, 1992), pp. 29-40.</ref> |
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* Several authors included in the broader [[New Historians]] assert that the Palestinian refugees were chased out or expelled by the actions of the Jewish militant groups [[Haganah]], [[Lehi (group)|Lehi]] and [[Irgun]].<ref>Interview to Avi Shlaim in [[Haaretz]]'s [http://www.editriceilponte.org/_files/HaaretzInterviewEnglish.pdf supplement]</ref><ref name = Tessler>Tessler, Mark. A ''History of the Israeli–Palestinian Conflict'' (Indiana University Press, 1994), ISBN 0-253-20873-4</ref> |
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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: |
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<blockquote>"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...<ref>Morris, Benny (1986): ''The Causes and Character of the Arab Exodus from Palestine: The Israel Defence Forces Intelligence Branch Analysis of June 1948''. Middle Eastern Studies, Vol. 22, No. 1 (Jan., 1986), pp. 5-19.</ref><ref>Kapeliouk, Amnon (1987): New Light on the Israeli-Arab Conflict and the Refugee Problem and Its Origins, p.21. Journal of Palestine Studies, Vol. 16, No. 3. (Spring, 1987), pp. 16-24.</ref><ref>Review by Dominique Vidal in [http://mondediplo.com/1997/12/palestine Le Monde Diplomatique]</ref></blockquote> |
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* The traditional Israeli point of view arguing that Arab leaders encouraged Palestinian Arabs to flee has also been disputed by the [[New Historians]], which instead have shown evidence indicating Arab leaders' will for the Palestinian Arab population to stay put.<ref>See for example, Masalha, Nur-eldeen (1988):On Recent Hebrew and Israeli Sources for the Palestinian Exodus, 1947-49. Journal of Palestine Studies, Vol. 18, No. 1, Special Issue: Palestine 1948. (Autumn, 1988), pp. 121-137. and Childers, Irskine (1961): ''The Other Exodus''. The Spectator (London), May 12, 1961.</ref> Historians such as [[Benny Morris]], [[Erskine Barton Childers|Erskine Childers]], and [[Walid Khalidi]] state that no evidence of widespread evacuation orders exists, and that Arab leaders in fact instructed the Palestinian Arabs to stay put. According to Morris, whatever the reasons driving many into flight, temporary evacuation under local orders, contagious panic, fear of Jewish arms, or direct expulsion ''manu militari'', the 700,000 odd Palestinians who did become refugees acquired that status as a result of compulsory displacement or expulsion, since they were not permitted by Israel to return.<ref>Morris (2003), p.589</ref> In any case, even if the 1948 exodus had not been caused by Israel, the claimed right of return is not contingent on Israeli responsibility for the displacement of refugees.<ref>Quigley, John. "The Right of Displaced Palestinians to Return to Home Areas in Israel." Ed. [[Ghada Karmi|Karmi, Ghada]] and Eugene Cotran. ''The Palestinian Exodus, 1948-1998''. London: Garnet & Ithaca, 1999. p. 151-170</ref> |
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===Objectors' viewpoints=== |
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Opponents of the right of return reject it partly based on the following sources: |
Opponents of the right of return reject it partly based on the following sources: |
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* 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.<ref name="JCPA"> |
* 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.<ref name="JCPA">{{Cite web |url=http://www.jcpa.org/jl/vp485.htm |title=Legal Aspects of the Palestinian Refugee Question |first=Ruth |last=Lapidoth |publisher=[[Jerusalem Center for Public Affairs]] |date=September 1, 2002 |access-date=13 March 2024}}</ref> Including: |
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* 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.<ref>{{cite web|url=http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Do+Palestinian+Refugees+Have+a+Right+to+Return+to.htm|title=Do Palestinian Refugees Have a Right to Return to Israel|archive-url=https://web.archive.org/web/20160102015819/http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/do%20palestinian%20refugees%20have%20a%20right%20to%20return%20to.aspx|archive-date=2 January 2016|date=15 January 2001|website=Israel Ministry of Foreign Affairs|access-date=8 March 2011|url-status=live}}</ref><ref>{{cite book |first=Yaffa |last=Zilbershats |date=2007 |page=199 |chapter= International Law and the Palestinian Right of Return to the State of Israel |trans-title=Israel and the Palestinian Refugees |title=Beiträge zum ausländischen öffentlichen Recht und Völkerrecht |volume=189 |publisher=Springer |location=Berlin, Heidelberg |doi=10.1007/978-3-540-68161-8_7|isbn=978-3-540-68160-1 }}</ref> |
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** That the phrase "his own country" in the [[Universal Declaration of Human Rights]] (UDHR) and the [[International Covenant on Civil and Political Rights]] has been interpreted by Judge Jose Ingles in his report to the UN<ref>''Study of Discrimination in Respect of the Right of Everyone to Leave any Country, Including His Own, and to Return to His Country'', |
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* That the [[Convention Relating to the Status of Refugees]] makes no mention of descendants and that the convention ceases to apply to a person who, inter alia, has acquired a new nationality.<ref name="info.jpost.com">{{cite web |url=http://info.jpost.com/C003/Supplements/Refugees/9.html |website=The Jerusalem Post |title=Refugees forever? |access-date=2009-08-25 |url-status=dead |archive-url=https://web.archive.org/web/20090424070231/http://info.jpost.com/C003/Supplements/Refugees/9.html |archive-date=2009-04-24 }}</ref> |
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Geneva, UN, 1963, UN Sales no. 64.XIV.2, UN Doc E/CN.4/Sub.2/220/Rev.1</ref> to apply only to citizens or nationals of the relevant country. |
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*** Yaffa Zilbershatz agrees and further argues against those who say that on May 15, 1948 Arabs living in Israel (who would later flee as refugees) must be considered Israeli citizens. She notes that most international treaties do not obligate a state to give citizenship to its inhabitants, and that the state (Israel) can decide to whom citizenship shall be given. She notes that while Article 15 of the UDHR does say "Everyone has the right to a nationality", that right is "ambiguous" and "weakly drafted".<ref name=yaffa>Yaffa Zilbershatz (2007) p. 201-6</ref> |
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*** That the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights were adopted solely by the [[United Nations General Assembly]], and are legally non-binding. |
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** That [[United Nations General Assembly]] resolutions such as [[United Nations General Assembly Resolution 194|194]] and [[United Nations General Assembly Resolution 3236|3236]] are recommendations only and thus non-binding.<ref>Bowker, 2003, p. 98.</ref><ref>"The resolution in question, number 194, was passed by the UN General Assembly on December 11, 1948, in the midst of the Arab-Israeli war. The first thing to be noted about it is that, like all General Assembly resolutions (and unlike Security Council resolutions), it is an expression of sentiment and carries no binding force whatsoever. [[Efraim Karsh]], [http://www.hagshama.org.il/en/resources/view.asp?id=252 The Palestinians and The 'Right of Return'], ''[[Commentary Magazine]], May 2001.</ref><ref>Yaffa Zilbershatz (2007) p. 194</ref> |
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** That Resolution 194 resolved that that refugees ''willing to live in peace'' with their neighbors should be allowed to return, and that many Palestinians who fled were unwilling to live in peace and were responsible for attacks against Jews. Furthermore, the resolution does not specifically apply to only Arab refugees, but also [[Jewish exodus from Arab and Muslim lands|Jewish refugees]]. |
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* 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.<ref>http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Do+Palestinian+Refugees+Have+a+Right+to+Return+to.htm</ref><ref>Yaffa Zilbershatz (2007) p. 199</ref> |
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** That the [[Convention Relating to the Status of Refugees]] makes no mention of descendants. Moreover, objectors claim that the convention ceases to apply to a person who, inter alia, has acquired a new nationality.<ref name="info.jpost.com">http://info.jpost.com/C003/Supplements/Refugees/9.html</ref> |
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* Objectors assert that historical legal precedent supports this contention. |
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** In the Middle East, none of the 900,000 Jewish refugees who fled anti-Semitic violence in the Arab world were ever compensated or repatriated by their former countries of residence. It is argued a precedent has been set whereby it is the responsibility of the nation which accepts the refugees to assimilate them.<ref name="Stanford">[http://wais.stanford.edu/Israel/israel_andthepalestinerightofreturn51603.html ISRAEL and the Palestine right of return<!-- Bot generated title -->]</ref> |
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** No right of return or compensation is available for the estimated 13 million people who moved between the newly created states during the [[partition of India]] in 1947.<ref name = Sachar440-1>Howard Sachar. ''A History of Israel from the Rise of Zionism to Our Time''. New York. 1976. pp. 440-1. ISBN 0-394-48564-5.</ref> Similarly, the millions of [[Sudeten Germans]] expelled from [[Czechoslovakia]] after [[World War II]] were never compensated.<ref name = Sachar440-1/> |
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** That the descendants of refugees do not automatically inherit refugee status.<ref name="info.jpost.com"/> |
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* Some opponents argue that if all or a large majority of Palestinian refugees and their descendants were to implement a "right of return", it would make Arabs the majority within Israel and Jews an ethnic minority. They contend that this would "mean eradicating Israel."<ref name=Guardian/> Israeli novelist [[Amos Oz]] is among those who have argued that the enactment of the Palestinian "right of return" would make Arabs the majority in Israel. In Oz's view, such a step would amount to "abolishing the Jewish people's right to self determination." Oz further claims that Palestinian leaders claim a right of return "while cynically ignoring the fate of hundreds of thousands of Israeli Jews who fled and were driven out of their homes in Arab countries, during the same war."<ref name=Guardian>{{cite news | title = Doves should re-examine their perch | url = http://www.guardian.co.uk/comment/story/0,,417958,00.html | work = The Guardian | date = 2007-01-01 | accessdate = 2007-05-21 | first = Amos | last = Oz | location=London}}</ref> |
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* Israeli official sources, foreign press, and officials present at the time, and historians such as [[Joseph Schechtman]] 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. Opponents of the right of return, such as [[Efraim Karsh]] say that Israel is therefore not obligated to compensate Palestinians or allow them to return.<ref name = AJAC>”Rights and Wrongs.” Efraim Karsh. Australia/Israel & Jewish Affairs Council. June 2001. http://www.aijac.org.au/review/2001/266/essay266.html.</ref> Israel officially denies any responsibility for the Palestinian exodus, stating that their flight was caused by the Arab invasion.<ref name="nytimes.com">[http://www.nytimes.com/2007/03/31/world/middleeast/31mideast.html Olmert Rejects Right of Return for Palestinians], ''The New York Times'', 31 March 2007</ref> According to some sources, including Arab ones, Palestinian flight from Israel was not compelled but was predominantly voluntary, as a result of seven Arab nations [[1948 Arab-Israeli War|declaring war on Israel in 1948]]. Many Arab leaders encouraged and even ordered Palestinians to evacuate the battle zone in order to make it easier for the Arab armies and [[fedayeen]] to demolish the [[Declaration of Independence (Israel)|newly found Jewish state]] and Israel officially denies any responsibility for the Palestinian exodus, stating that their flight was caused by the Arab invasion.<ref name="nytimes.com"/> Karsh states that most Palestinians chose their status as refugees themselves, and therefore Israel is therefore absolved of responsibility.<ref name = AJAC/> |
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* A 1952 memorandum submitted to the League of Arab States by the Higher Arab Committee reveals that Arab states officially agreed to take responsibility for these refugees at the height of the [[1948 Palestinian exodus]]. However, only until such time as Israel would be destroyed: |
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:<blockquote>Arab leaders and their ministries in Arab capitals ... declared that they welcomed the immigration of Palestinian Arabs into the Arab countries until they saved Palestine.<ref name = Schechtman>From a 1952 memorandum submitted to the League of Arab States by the Higher Arab Committee; quoted in Joseph B. Schechtman, ''The Refugees in the World'' (New York: Barnes, 1963), p. 197.</ref></blockquote> |
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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.<ref name="nytimes.com">{{cite news |url=https://www.nytimes.com/2007/03/31/world/middleeast/31mideast.html |title=Olmert Rejects Right of Return for Palestinians |work=The New York Times |date=31 March 2007 |access-date=13 March 2024 |first=Steven |last=Erlanger}}</ref> |
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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 were [[Jewish exodus from Arab lands|expelled, fled or emigrated]] from the Arab [[Middle East]] and [[North Africa]] between 1945 and 1956, with property losses of $1 billion.{{citation needed|date=December 2012}} These critics argue that since these refugees were neither compensated nor allowed return—to no objection on the part of Arab leaders or [[international law|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.<ref name=Stanford/><ref name = Sachar440-1/> Former Israeli [[Foreign Minister]] [[Moshe Sharett]] asserted that the migration of refugees between Israel and the [[Arab World]] essentially constituted a [[population exchange]]. 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 [[India]]-[[Pakistan]] [[border]], 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 [[Germany|Germans]] from [[Czechoslovakia]] following [[World War II]]. In Sharett's view, Israel was singled out as the exception to international law.<ref name = Sachar440-1/> |
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Opponents of the right of return, such as [[Efraim Karsh]], say that Israel is therefore not obligated to compensate Palestinians or allow them to return.<ref name=AJAC>{{Cite web |first=Efraim |last=Karsh |author-link=Efraim Karsh |url=http://www.aijac.org.au/review/2001/266/essay266.html |title=Rights and Wrongs: History and the Palestinian 'Right of Return' |publisher=Australia/Israel & Jewish Affairs Council |date=June 2001 |url-status=dead |archive-url=https://web.archive.org/web/20070404144028/http://www.aijac.org.au/review/2001/266/essay266.html |archive-date=2007-04-04 }}</ref> 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, he 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 absolved of responsibility.<ref name=AJAC/> [[Benny Morris]] 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]]. He views the refugee problem as consequence of a war that they instigated.<ref>{{Cite news|title=Survival of the Fittest (Cont.)|language=en|work=Haaretz|url=https://www.haaretz.com/1.5262428|access-date=13 March 2024}}</ref><ref name ="Morris2011">{{cite magazine|url = https://www.americanthinker.com/articles/2011/07/my_response_to_efraim_karsh.html | first= Benny |last= Morris | title = My Response to Efraim Karsh |magazine= American thinker| date = 17 July 2011 }}</ref> |
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Critics of the right of return argue that it is the failure of Arab states to fulfill this promise (with the exception of Jordan) which keeps the Palestinian refugees in their current limbo, not Israeli policy.<ref name = "Final Report of the United Nations Economic Survey Mission for the Middle East">{{cite web | title = Final Report of the United Nations Economic Survey Mission for the Middle East | url = http://domino.un.org/pdfs/AAC256Part1.pdf | date = 1949-12-28| accessdate = 2007-03-16 | publisher = The United Nations|format=PDF}}</ref><ref name="Purdue">{{cite web | title = Horowitz's Notepad: Why Israel Is the Victim and the Arabs Are the Indefensible Aggressors in the Middle East | url = http://web.ics.purdue.edu/~conreys/106/106fall04/assignments/Horowitz-israel.doc | last = Horowitz| first = David | date = 2002-01-11 | accessdate = 2007-03-16 | publisher = Purdue University|format=DOC |archiveurl = http://web.archive.org/web/20060920092843/http://web.ics.purdue.edu/~conreys/106/106fall04/assignments/Horowitz-israel.doc <!-- Bot retrieved archive --> |archivedate = 2006-09-20}}</ref> |
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[[Efraim Karsh]] asserts that "whatever the strengths and weaknesses of the Palestinians' legal case, their foremost argument for a 'right of return' has always rested on a claim of unprovoked victimhood." In Karsh's view, because Palestinians were not the victims of a "Zionist grand design to dispossess them" but "the aggressors in the 1948-49 war" they 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.<ref name=AJAC>[[Efraim Karsh]]. [http://www.aijac.org.au/review/2001/266/essay266.html Rights and Wrongs], Australia/Israel & Jewish Affairs Council, June 2001.</ref> |
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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 [[Jewish exodus from Arab lands|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 law|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.<ref name = Sachar440-1>{{cite book |first=Howard |last=Sachar |title=A History of Israel from the Rise of Zionism to Our Time |location=New York |date=1976 |pages=440–441 |isbn=0-394-48564-5 |publisher=Knopf}}</ref> Former Israeli foreign minister [[Moshe Sharett]] asserted that the migration of refugees between Israel and the [[Arab world]] essentially constituted a [[population exchange]]. 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 [[India]]–[[Pakistan]] [[border]], 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 [[Germany|Germans]] from [[Flight and expulsion of Germans|Czechoslovakia]] following [[World War II]]. In Sharett's view, Israel was singled out as the exception to international law.<ref name=Sachar440-1 /> |
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Ruth Lapidoth from the [[Jerusalem Center for Public Affairs]] 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 binding to 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".<ref name=JCPA>Ruth Lapidoth. [http://www.jcpa.org/jl/vp485.htm Legal Aspects of the Palestinian Refugee Question], [[Jerusalem Center for Public Affairs]], September 1, 2002.</ref> |
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[[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".<ref name=JCPA/> |
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Lapidoth's essay also references a statement made by Stig Jagerskiold in 1966, in which he argues that the right of return was intended as an individual and not a collective right: |
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According to Lapidoth, [[Stig Jägerskiöld]] 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".<ref name=JCPA /><ref>{{cite journal |last=Lawand |first=Kathleen |title=The Right to Return of Palestinians in International Law |journal=[[International Journal of Refugee Law]] |volume=8 |issue=4 |date=October 1996 |pages=532–568 |doi=10.1093/ijrl/8.4.532}}</ref><ref>{{cite conference |last=Benvenisti |first=Eyal |title=The Right of Return in International Law: An Israeli Perspective |conference=Stocktaking Conference on Palestinian Refugees Research in Canada |date=2003}}</ref> |
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Andrew Kent, a Professor at [[Fordham University Law School]], 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.<ref>{{cite journal|first=Andrew |last=Kent|title=Evaluating the Palestinians' Claimed Right of Return|year=2012 |journal=University of Pennsylvania Journal of International Law|volume=34|url=https://ir.lawnet.fordham.edu/faculty_scholarship/499/}}</ref> |
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The pro-Israel advocacy group [[StandWithUs]] rebuffed the argument that Israel's admission to the UN was conditional upon acceptance of relevant UN Resolutions, including Resolution 194, claiming that "like every other nation admitted to the UN, Israel was admitted on the basis of Article 4 of the Charter". Article 4 of the United Nations Charter states that no state was entitled to make its acceptance of the admission of an applicant dependent on conditions not provided for in Paragraph 1 of Article 4. Furthermore, the UN Resolution that admitted Israel explicitly stated that it was admitted because of its adherence to the principles and obligations of the UN Charter, not specific Resolutions. Even the Arab spokesman opposed to Israel's admission admitted that all member states were admitted solely on the basis of Article 4. He tried to make an exception in the case of Israel, but his claims were rejected.<ref>http://points.stand4facts.org/bin/index.cgi?ChapterID=8</ref> Likewise, Law Professor [[Ruth Lapidoth]] wrote that "a careful scrutiny of the text of Israel's application for membership and the discussions that took place in the Ad Hoc Political Committee and in the plenary session of the General Assembly show that no such commitment was made; nor did the General Assembly's Resolution on the admission of Israel impose upon her an obligation to implement that Resolution".<ref>Lapidoth, Ruth: The Right of Return in International Law, with Special Reference to Palestinian Refugees, Israeli Yearbook on Human Rights, Vol. 16, 1986</ref> |
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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.<ref>{{cite book |last=Oberschall |first=Anthony |title=Conflict and Peace Building in Divided Societies: Responses to Ethnic Violence |page=210 |doi=10.4324/9780203944851 |date=2007|isbn=978-1-134-12814-3 }}</ref> |
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== Bearing on the peace process == |
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According to Alexander Safian, Article 13 of the [[Universal Declaration of Human Rights]] does not guarantee a right of return for three reasons:<ref>http://www.eretzisroel.org/~jkatz/legal.html</ref> |
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The argument over the existence of such a right has perpetuated the [[Israeli–Palestinian conflict]], 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. |
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* That the clause: "everyone has the right to leave any country, including his own, and to return to his country" was meant to guarantee the right to leave. According to its legislative history, Article 13 was aimed at governments which imprisoned certain subgroups of their own nationals by preventing them from leaving. According to its sponsor, the mention of a "right to return" was included to assure that "the right to leave a country, already sanctioned in the article, would be strengthened by the assurance of the right to return". |
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* The Article guarantees a right to return "to his own country", but the Palestinians who were displaced were never citizens or legal residents of Israel. |
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* Other clauses in the Universal Declaration of Human Rights argue ''against'' a Palestinian right of return. Article 29 provides that rights can be limited by law solely for securing "due recognition and respect for the rights of others and of meeting the just requirements of morality, public order, and general welfare in a democratic society". Article 30 states that nothing in the declaration may be interpreted as implying for any state, group, or person to engage in activity aimed at the destruction of any rights or freedoms guaranteed. The "rights" and "general welfare" of Israel's Jewish citizens would be endangered if millions of Palestinians who were openly hostile to Israel's existencea became a majority. Article 3 of the declaration further states that "these rights and freedoms may in no case be exercised contrary to the purpose and principles of the United Nations". The Palestinian right of return would result in the loss of Israeli sovereignty and its replacement with an Arab-majority state, and the dismantling of Israeli society in favor of an Arab-Muslim dominated society, resulting in the destruction of a UN member state: a violation of the [[United Nations Charter]]. |
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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]] during the [[1948 Arab–Israeli War]], 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. |
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Safian also argues that the [[Fourth Geneva Convention]] does not apply to Palestinian refugees. Article 49 of this convention allows a "belligerent occupant" to temporarily remove a civilian population from occupied territory, but requires that the evacuees "be transferred back to their homes as soon as hostilities in the area in question cease". However, this convention was adopted two years after the [[1948 Palestinian exodus]]. All but one of the articles deal with "international conflicts", but the 1948 Arab-Israeli war was largely a civil struggle between Jews and Arabs in the territory of the British Mandate, and thus Israel was not a "belligerent occupant" in an "international conflict". Article 3, the only article that deals with "conflicts not of an international character", makes no mention of a right of return for displaced persons.<ref>Radley, pp. 557-599</ref> |
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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]], 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 [[Reparation (legal)|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.<ref>{{cite web |url=http://www.arts.mcgill.ca/mepp/new_prrn/background/background_resolving.htm |title=Resolving the Refugee Question: Key Issues |website=[[McGill University Faculty of Arts|McGill Faculty of Arts]] |date=16 June 2008}}{{dead link |date=March 2024 |fix-attempted=yes}}</ref> The vast majority of Israelis believe that all or almost all of the refugees should be resettled in a [[Proposals for a Palestinian state|Palestinian state]], 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. |
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According to Stig Jagerskiold, the [[International Covenant on Civil and Political Rights]] is "intended to apply to individuals seeking to assert an individual right. 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 and population, such as the relocation of ethnic Germans from Eastern Europe during and after the Second World War, the flight of Palestinians from what became Israel, or the movement of Jews from the Arab countries.<ref>Jagerskiold, Stig: ''The Freedom of Movement'', pp. 166-184</ref> |
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Israel's first offer of any limited right of return came at the 1949 [[Lausanne Conference, 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]] 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. |
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==Bearing on the peace process== |
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The argument over the existence of such a right has perpetuated the [[Israeli-Palestinian Conflict]], 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. |
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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]] during the [[1948 Arab-Israeli War]], 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. |
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{{See also|Killings and massacres during the 1948 Palestine War}} |
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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]], 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 [[Reparation (legal)|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.<ref>[http://www.arts.mcgill.ca/mepp/new_prrn/background/background_resolving.htm "Resolving the Refugee Question: Key Issues."] ''[[McGill University Faculty of Arts|McGill Facutly of Arts]]''. 16 June 2008.</ref> The vast majority of Israelis believe that all or almost all of the refugees should be resettled in a [[Proposals for a Palestinian state|Palestinian state]], 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. |
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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]] 52 years later, Israel offered to set up an international fund for the compensation for the property which had 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 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. |
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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]] and the continuing violence. |
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]] and the continuing violence. |
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In 2003, during the [[Road map for peace]], Israeli Foreign Minister [[Silvan Shalom]] 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".<ref>http://www.israelnationalnews.com/News/News.aspx/43055</ref> |
In 2003, during the [[Road map for peace]], Israeli Foreign Minister [[Silvan Shalom]] 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".<ref>{{cite web|url=http://www.israelnationalnews.com/News/News.aspx/43055|title=Israel: "Right Of Return" is a Non-Starter|work=Israel National News |publisher=Arutz Sheva|date=8 May 2003 |access-date=13 March 2024}}</ref> |
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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.<ref>http://fr.jpost.com/servlet/Satellite?cid=1205420712985&pagename=JPost/JPArticle/ShowFull</ref> |
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==U.S. government policy, 2007== |
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===U.S. Congress=== |
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In 2007, both the US [[United States Senate|Senate]] and [[United States House of Representatives|House of Representatives]] passed a resolution to <blockquote>Make clear that the [[United States Government]] supports the position that, as an integral part of any comprehensive peace, the issue of refugees and the mass violations of human rights of minorities in Arab and Muslim countries throughout the Middle East, [[North Africa]], and the [[Persian Gulf]] must be resolved in a manner that includes (A) consideration of the legitimate rights of all refugees displaced from Arab and Muslim countries throughout the Middle East, North Africa, and the Persian Gulf; and (B) recognition of the losses incurred by Jews, [[Christian]]s, and other minority groups as a result of the Arab-Israeli conflict.<ref>[http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:sr85is.txt.pdf S. Res. 85]</ref><!--What does this have to do with Palestinian at all?--></blockquote> |
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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.<ref>{{Cite web|url=http://fr.jpost.com/Tags/satellite|title=Satellite News and latest stories | The Jerusalem Post|website=fr.jpost.com}}</ref>{{Failed verification|date=March 2024|reason=Does not lead to specific article.|talk=Failed verification: Jerusalem Post homepage}} |
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===U.S. President George W. Bush=== |
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On July 16, 2007, US President [[George W. Bush]] affirmed that the Israelis "should be confident that the United States will never abandon its commitment to the security of Israel as a Jewish state and homeland for the Jewish people."<ref>[http://georgewbush-whitehouse.archives.gov/news/releases/2007/07/20070716-7.html "President Bush Discusses the Middle East."] ''The White House''. 16 July 2007. 21 July 2007.</ref> Israeli ambassador to the United States Michael B. Oren considered this "the rejection of the Palestinians' immutable demand for the resettlement of millions of refugees and their descendants in Israel. America is now officially dedicated to upholding Israel's Jewish majority and preventing its transformation into a de facto Palestinian state."<ref>[[Michael B. Oren|Oren, Michael B.]] [http://online.wsj.com/article/SB118472113474569770.html "The Bush Doctrine Lives."] ''WSJ.com''. 18 July 2007. 21 July 2007. Subscription required.</ref> |
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== Historic attempts at resolution == |
== Historic attempts at resolution == |
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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. |
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. |
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In 1949, |
In 1949, Mark Etheridge, the [[United States|American]] representative to the [[United Nations Conciliation Commission]] (UNCC), suggested that Israel agree to grant full [[citizenship]] 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.<ref name="Shechtman212-3">{{harvnb|Schechtman|1963|pages=212-213}}</ref> |
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In the [[Lausanne Conference, 1949|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 |
In the [[Lausanne Conference, 1949|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]] [[Moshe Sharett]] declared: "The context in which that offer was made has disappeared, and Israel is no longer bound by that offer."<ref name="Shechtman212-3" /> |
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On August 23, 1949, the United States sent |
On August 23, 1949, the United States sent Gordon R. Clapp, [[chairman]] of the [[Board of directors|board]] 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]]: "Resettlement was a subject that the Arab governments were not willing to discuss, with the exception of King Abdallah {{sic}}". 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.<ref name="Shechtman214-5">{{harvnb|Schechtman|1963|pages=214-215}}</ref> |
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On December 2, 1950, the United Nations General Assembly passed resolution 393 by a vote of 46 in favor, 0 against, 6 abstaining |
On December 2, 1950, the United Nations General Assembly passed resolution 393 by a vote of 46 in favor, 0 against, 6 abstaining.<ref name="Schechtman219-22">{{harvnb|Schechtman|1963|pages=219-222}}</ref> 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".<ref name="UNGA393">{{cite web |url= http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/059/91/IMG/NR005991.pdf?OpenElement |title= United Nations General Assembly Resolution 393 |url-status= dead |archive-url= https://web.archive.org/web/20150402102645/http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/059/91/IMG/NR005991.pdf?OpenElement |archive-date= 2015-04-02 |publisher=The United Nations General Assembly |date=December 2, 1950 |access-date=November 24, 2012}}</ref> 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.<ref name="Schechtman219-22" /> |
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On November 29, 1951, |
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]], 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."<ref>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</ref> |
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In 2002, former representative of the [[Palestinian Liberation Organization]] [[Sari Nusseibeh]] 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.<ref name="BBC">{{cite news | |
In 2002, former representative of the [[Palestinian Liberation Organization]] [[Sari Nusseibeh]] 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.<ref name="BBC">{{cite news |url=http://news.bbc.co.uk/2/hi/middle_east/3629923.stm |title=Right of return: Palestinian dream |last=Sharp |first=Heather |publisher=British Broadcasting Corporation |date=April 15, 2004 |access-date=13 March 2024}}</ref> |
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The |
The [[2003 Geneva Accord]], 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.<ref name="BBC" /> |
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In 2013, Boston University hosted the Right of Return conference.<ref>{{cite web|url=http://www.huffingtonpost.com/zarefa-ali/post_4596_b_3024339.html|title=Right of Return for Palestinians|work=The Huffington Post|date=5 April 2013 |first1= Zarefa |last1=Ali |first2=Sadia |last2=Ahsanuddin|access-date=13 March 2024}}</ref> |
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==See also== |
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* [http://en.wikipedia.org/wiki/List_of_United_Nations_Relief_and_Works_Agency_for_Palestine_Refugees_in_the_Near_East_employees UNRWA Workers] |
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== See also == |
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* [[Law of Return|Israeli Law of Return]] |
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* [[Al Awda (ship)]] |
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* [[Israeli-Palestinian conflict]] |
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* [[Cham issue]] |
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* [[Israeli–Palestinian conflict]] |
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* [[Law of Return]] |
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* [[List of Directors and Commissioners-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East]] |
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* [[Palestinian return to Israel]] |
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* [[Repatriation]] |
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* [[Right of return]] |
* [[Right of return]] |
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* [[Thawabit]] |
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* [[UN General Assembly Resolution 194]] |
* [[UN General Assembly Resolution 194]] |
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* [[Cham issue]] |
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==Notes== |
== Notes == |
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{{ |
{{notelist}} |
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==References== |
== References == |
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{{reflist}} |
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==Sources== |
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{{Refbegin}} |
{{Refbegin}} |
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* {{ |
* {{cite book|last=Bowker |first=Robert P. G.|year=2003|title=Palestinian Refugees: Mythology, Identity, and the Search for Peace|publisher=Lynne Rienner Publishers|isbn=1-58826-202-2}} |
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* Gelber |
* {{cite book |last=Gelber |first=Yoav |date=2006 |title=Palestine 1948 |publisher=Sussex Academic Press |isbn=1-84519-075-0}} |
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* {{ |
* {{cite book|title=The terrorist conjunction: the United States, the Israeli-Palestinian conflict, and al-Qā'ida|first=Alfred G.|last=Gerteiny|publisher=Greenwood Publishing Group|year=2007|isbn=978-0-275-99643-7|url=https://books.google.com/books?id=yXCkz5OZ7-AC&q=%22ethnic+cleansing%22+palestinians&pg=PA71}} |
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* Khalidi |
* {{cite journal|last=Khalidi |first=Walid |title=Why Did the Palestinians Leave? |journal=Middle East Forum |date= July 1959}} Reprinted as {{cite journal |title=Why Did the Palestinians Leave, Revisited |date=2005 |journal=Journal of Palestine Studies |volume=34 |issue=2 |pages=42–54 |doi=10.1525/jps.2005.34.2.042 |last1=Khalidi |first1=Walid }} |
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* {{ |
* {{cite book|url=https://archive.org/details/politicideariels00kimm_0|url-access=registration|page=[https://archive.org/details/politicideariels00kimm_0/page/n32 23]|quote=ethnic cleansing palestinians.|title=Politicide: Ariel Sharon's war against the Palestinians|first1=Baruch|last1=Kimmerling|author-link1=Baruch Kimmerling|publisher=Verso|year=2003|isbn=978-1-85984-517-2}} |
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* {{ |
* {{cite book|last=McDowall|first=David|year=1989|title=Palestine and Israel: The Uprising and Beyond|publisher=I.B. Tauris|isbn=1-85043-289-9}} |
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* <span id |
* <span id="morris_birth_revisited">{{cite book |last=Morris |first=Benny |date=2004 |title=The Birth of the Palestinian Refugee Problem Revisited |location=Cambridge |publisher=Cambridge University Press |isbn=0-521-00967-7}}</span> |
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* Pomerance |
* {{cite book |last=Pomerance |first=Michla |date=1982 |title=Self-Determination in Law and Practice: The New Doctrine in the United States |publisher=Martinus Nijhoff Publishers |isbn=90-247-2594-1}} |
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* {{cite book |first=Joseph B. |last=Schechtman |title=The Refugees in the World |location=New York |publisher=Barnes |date=1963}} |
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* Schulz, Helena Lindholm (2003). ''The Palestinian Diaspora''. London: Routledge. ISBN 0-415-26820-6 |
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* {{cite book |last=Schulz |first=Helena Lindholm |date=2003 |title=The Palestinian Diaspora |location=London |publisher=Routledge |isbn=0-415-26820-6}} |
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* {{Cite book|title=Ethnocracy: land and identity politics in Israel/Palestine, Part 797|edition=Illustrated|first1=Oren|last1=Yiftachel|authorlink1=Oren Yiftachel|publisher=University of Pennsylvania Press|year=2006|ISBN=0-8122-3927-X, 9780812239270|url=http://books.google.ca/books?id=VD082HtsKRsC&pg=PA58&dq=%22ethnic+cleansing%22+palestinians&as_brr=3#v=onepage&q=%22ethnic%20cleansing%22%20palestinians&f=false}} |
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* {{cite book|title=Ethnocracy: land and identity politics in Israel/Palestine, Part 797|edition=Illustrated|first1=Oren|last1=Yiftachel|author-link1=Oren Yiftachel|publisher=University of Pennsylvania Press|year=2006|isbn=978-0-8122-3927-0|url=https://books.google.com/books?id=VD082HtsKRsC&q=%22ethnic+cleansing%22+palestinians&pg=PA58}} |
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* Zilbershatz, Yaffa (2007), International Law and the Palestinian Right of Return to the State of Israel. ''Israel and the Palestinian refugees'', Springer Publishers, ISBN 978-3-540-68160-1 |
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* {{cite book | author = Zilbershats, Yaffa | year = 2007 | chapter = International Law and the Palestinian Right of Return to the State of Israel | editor = Eyal Benvenisti, Chaim Gans and Sari Hanafi | title = Israel and the Palestinian refugees |publisher = Springer Publishers | isbn =978-3-540-68160-1 | pages = 191–218}} |
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{{Refend}} |
{{Refend}} |
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==External links== |
== External links == |
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* [http://www.al-awda.org/ Al Awda], The Palestinian Right to Return Coalition. |
* [http://www.al-awda.org/ Al Awda], The Palestinian Right to Return Coalition. |
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* [http://news.bbc.co.uk/1/hi/in_depth/middle_east/2001/israel_and_the_palestinians/issues/1099279.stm Right of return: Palestinian dream?], BBC News Online. |
* [http://news.bbc.co.uk/1/hi/in_depth/middle_east/2001/israel_and_the_palestinians/issues/1099279.stm Right of return: Palestinian dream?], BBC News Online. |
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* [http://video.google.com/videoplay?docid=-4586199048283400362&hl=en VIDEO: |
* [http://video.google.com/videoplay?docid=-4586199048283400362&hl=en 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. |
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{{Nakbaend}} |
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{{DEFAULTSORT:Palestinian Right Of Return}} |
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[[Category:Palestinian refugees]] |
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[[Category: |
[[Category:History of the Palestinian refugees]] |
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[[Category:Palestinian politics]] |
[[Category:Palestinian politics]] |
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[[Category:Human rights in Israel]] |
[[Category:Human rights in Israel]] |
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[[Category:Human rights in the |
[[Category:Human rights in the State of Palestine]] |
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[[Category:Statelessness]] |
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[[Category:Israel and apartheid]] |
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[[ar:حق العودة الفلسطيني]] |
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[[fr:Droit au retour des réfugiés Palestiniens]] |
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[[he:זכות השיבה]] |
Revision as of 10:49, 15 April 2024
The Palestinian right of return[a] is the political position or principle that Palestinian refugees, both first-generation refugees (c. 30,000 to 50,000 people still alive as of 2012)[3][4] and their descendants (c. 5 million people as of 2012),[3] have a right to return 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 (both formerly part of the British Mandate of Palestine) during the 1948 Palestinian expulsion and flight (a result of the 1948 Palestine war) and the 1967 Six-Day War.
The right of return was initially formulated on 27 June 1948 by United Nations mediator Folke Bernadotte.[5] Proponents of the right of return hold that it is a human right, whose applicability both generally and specifically to the Palestinians is protected under international law.[6] This view holds that those who opt not to return, or for whom return is not feasible, should receive compensation. 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.[7]
Opponents of the right of return hold that it is an unrealistic demand with no basis in international law and that if Israel were to absorb approximately five million Palestinians with an already existing large Arab population, it would lead to the demise of the Jewish state.[8] 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.[9][10][failed verification – see discussion]
Background
Part of a series on the Israeli–Palestinian conflict |
Israeli–Palestinian peace process |
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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.[11][12][13][14] Approximately 120,000–170,000 among the 1967 refugees are believed to have also been refugees from the 1948 war, fleeing a second time.[15] Today, the estimated number of Palestinian refugees and their descendants exceeds four million.[16] The right of return has been of great importance to Palestinians since then.[17]
The first formal recognition of a right of return was in UN General Assembly Resolution 194 passed on 11 December 1948 which provided (Article 11):
Resolves 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 and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.
The UN General Assembly Resolution 3236, passed on 22 November 1974, declared the right of return to be an "inalienable right".[17]
The right of return was defined as the "foremost of Palestinian rights" at the 12th Palestine National Council meeting in 1974 when it became the first component of the Palestine Liberation Organization's trinity of inalienable rights, along with the right of self-determination and the right to an independent state.[18]
Since the birth of the refugee problem, Israel has consistently rejected the idea that 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 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.[19]
1948 Palestinian exodus
The Palestinian refugee problem started during the 1948 Palestine War, 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.[20] From April to July, between 250,000 and 300,000 fled in front of Haganah offensives, mainly from the towns of Haifa, Tiberias, Beit-Shean, Safed, Jaffa and Acre, that lost more than 90% of their Arab inhabitants.[21] Some expulsions arose, particularly along the Tel-Aviv – Jerusalem road[22] and in Eastern Galilee.[23] After the truce of June, about 100,000 Palestinians became refugees.[24] About 50,000 inhabitants of Lydda and Ramle were expelled towards Ramallah by Israeli forces during Operation Danny,[25] and most others during clearing operations performed by the IDF on its rear areas.[26] During Operation Dekel, the Arabs of Nazareth and South Galilee could remain in their homes.[27] They later formed the core of the Arab Israelis. From October to November 1948, the IDF launched Operation Yoav to chase Egyptian forces from the Negev and Operation Hiram to chase the Arab Liberation Army 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.[28] During Operation Hiram, at least nine massacres of Arabs were performed by IDF soldiers.[29] 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.[30]
The United Nations estimated the number of refugees outside Israel at 711,000.[31]
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.[citation needed] 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.[32][better source needed]
Causes and responsibilities
The causes and responsibilities of the exodus are a matter of controversy among historians and commentators of the conflict.[33] 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.[34]
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 [of those who have fled]".[35] 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 and Ezra Danin started lobbying against repatriation.[36] A Transfer Committee and a policy of faits accomplis were set up to prevent a refugee return.[37] In July, it had become an official policy:[38] "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.[39] 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.[40]
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).[41][42] 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.[43]
1967 Palestinian exodus
During the Six-Day War another Palestinian exodus occurred. An estimated 280,000 to 350,000[44] Palestinians fled or were expelled[45] 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.[46]
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.[47][48][49]
In 2000, Bobby Brown, advisor to prime minister Benjamin Netanyahu on Diaspora affairs and delegates from the World Jewish Congress and the Conference of Presidents of Major American Jewish Organizations 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.[50] Then-president of the United States 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" (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.[51] 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.[52][53] 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.[54]
UN General Assembly Resolution 194
Part of a series on the |
Nakba |
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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.[17] The United Nations UN General Assembly Resolution 194[55] 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 at that time, establishing and defining the role of the United Nations Conciliation Commission as an organization to facilitate peace in the region.
Article 11 – Palestinian Refugees
Within United Nations General Assembly Resolution 194 (1948), it is (mainly) Article 11 which deals with the return of Palestinian refugees.
Article 11 of the resolution reads:
[The General Assembly] Resolves 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 and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.
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" 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".[citation needed] 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.[31]
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).[6][56]
- The Geneva Conventions of 1949.[56]
- United Nations General Assembly Resolution 3236 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".[57]
- United Nations Security Council Resolution 242 affirms the necessity for "achieving a just settlement of the refugee problem".[58][57]
According to Akram,[59] although the status of Palestinian nationals/citizens after the creation of the State of Israel has been much debated, established principles of state succession[60] 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.[59]
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.[61]
Some American 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 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."[62] Attorney Stephen Halbrook 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."[63] In "War Guilt in the Middle East" Murray Rothbard 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".[64]
Palestinian and international authors have justified the right of return of the Palestinian refugees on several grounds:[65][66][67]
- Several authors included in the broader New Historians assert that the Palestinian refugees were chased out or expelled by the actions of the Jewish militant groups Haganah, Lehi and Irgun.[68][69]
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...[70][71][72][verify quotation]
Objectors' viewpoints
Objectors to a Palestinian right of return contend that such a right would destroy Israel as a Jewish state as it would leave Jews a minority in Israel. In a two-state solution 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.[73]
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.[74] 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.[75][76]
- That the Convention Relating to the Status of Refugees makes no mention of descendants and that the convention ceases to apply to a person who, inter alia, has acquired a new nationality.[77]
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.[78]
Opponents of the right of return, such as Efraim Karsh, say that Israel is therefore not obligated to compensate Palestinians or allow them to return.[79] 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, he 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 absolved of responsibility.[79] Benny Morris 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. He views the refugee problem as consequence of a war that they instigated.[80][81]
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.[82] Former Israeli foreign minister Moshe Sharett asserted that the migration of refugees between Israel and the Arab world essentially constituted a population exchange. 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 India–Pakistan border, 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.[82]
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".[74]
According to Lapidoth, Stig Jägerskiöld 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".[74][83][84]
Andrew Kent, a Professor at Fordham University Law School, 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.[85]
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.[86]
Bearing on the peace process
The argument over the existence of such a right has perpetuated the Israeli–Palestinian conflict, 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 during the 1948 Arab–Israeli War, 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, 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.[87] The vast majority of Israelis believe that all or almost all of the refugees should be resettled in a Palestinian state, 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 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 and the continuing violence.
In 2003, during the Road map for peace, Israeli Foreign Minister Silvan Shalom 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".[88]
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.[89][failed verification – see discussion]
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 representative to the United Nations Conciliation Commission (UNCC), suggested that Israel agree to grant full citizenship 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.[90]
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 Moshe Sharett declared: "The context in which that offer was made has disappeared, and Israel is no longer bound by that offer."[90]
On August 23, 1949, the United States sent Gordon R. Clapp, chairman of the board 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: "Resettlement was a subject that the Arab governments were not willing to discuss, with the exception of King Abdallah [sic]". 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.[91]
On December 2, 1950, the United Nations General Assembly passed resolution 393 by a vote of 46 in favor, 0 against, 6 abstaining.[92] 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".[93] 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.[92]
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, 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."[94]
In 2002, former representative of the Palestinian Liberation Organization Sari Nusseibeh 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.[95]
The 2003 Geneva Accord, 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.[95]
In 2013, Boston University hosted the Right of Return conference.[96]
See also
- Al Awda (ship)
- Cham issue
- Israeli–Palestinian conflict
- 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
- Repatriation
- Right of return
- Thawabit
- UN General Assembly Resolution 194
Notes
References
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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.