web analytics
September 24, 2014 / 29 Elul, 5774
At a Glance
Blogs
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



International Law and the ‘Right of Return’

While the Palestinian refugee crisis needs to be solved, it should be solved in the Arab world, not in Israel.
refugees

Pro-Palestinian political leaders, media outlets, and activists the world over continuously assert that the Palestinians should be granted a right of return according to international law. However, NONE of these claims hold water if one actually examines international law. For example, the Palestinians rely heavily upon the 1966 International Covenant on Civil and Political Rights, which states that “no one should be arbitrarily deprived of the right to enter his country.” Yet, can one consider Palestinians born in Lebanon, Syria, Jordan, and other Arab countries to be Israeli citizens and thus deprived of the right to enter their country?

Most of the Palestinians living across the Arab world were never born in Israel and have never lived in Israel. Secondly, even the minority who did live in Israel did so under the British Mandate, not under Israeli rule. They fled before they had a chance to receive citizenship rights and their Israeli blue ID cards, because their leadership was opposed to them coexisting with the Jewish people. Such peoples are about as Israeli as Turks who lived in Ottoman-controlled Greece yet left are Greek. So why should the Palestinians be any different? Based on international precedents, Palestinians are entitled to equal rights within their present countries, yet not Israeli citizenship.

Another document that pro-Palestine activists rely on when stating that there should be a Palestinian right of return is UN resolution 194, which states, “The General Assembly… resolves that 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 resolutions, however are never legally binding. Instead, they can be viewed as mere suggestions, which Israel can either listen to or ignore. But even if this resolution was legally binding, it states “refugees wishing to return to their homes and live at peace with their neighbors.” This means that any Palestinian who doesn’t want to live at peace with their neighbors shouldn’t be given a right of return, thus implying that the decades of terrorism orchestrated by the Palestinian leadership and supported by the majority of the Palestinian population means that the Palestinians lost their “right of return.”

Furthermore, the resolution states at the “earliest practicable date.” This means that so long as this proposal cannot be practically implemented, it doesn’t need to happen yet. Because there have been decades of animosity and hatred between Israelis and Palestinians and since the cultural gap between Israelis and Palestinians is gigantic, the idea of a Palestinian right of return seems impractical and it will continue to be so in the foreseeable future.

Given what has happened in Bosnia since the signing of the Dayton Agreements, where ethnic animosity and violence has prevented most refugees from returning to their homes despite the existence of such a right, it seems that a right of return isn’t a good solution for ethnic conflicts. Most Holocaust survivors didn’t want a right of return to Europe, preferring to be resettled in a new country that was free of the traumas that they experienced. Jewish refugees from Arab countries also generally have no desire to return to Arab states, for similar reasons. Given this, is it really in the Palestinians best interest to come to a foreign country whom they have been engaged with in a violent conflict for decades? While the Palestinian refugee crisis needs to be solved, it should be solved in the Arab world, not in Israel.

Visit United with Israel.

About the Author: Rachel Avraham is a news editor and political analyst for Jerusalem Online News, the English language internet edition of Israel's Channel 2 News. She completed her masters degree in Middle Eastern Studies at Ben-Gurion University. The subject of her MA thesis was: "Women and Jihad: Debating Palestinian Female Suicide Bombings in the American, Israeli and Arab media."


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

6 Responses to “International Law and the ‘Right of Return’”

  1. Philip Moran says:

    The 'refugees' are just pawns to be used as cannon fodder. The Arab nations do not want these Arabs as they are the lowest of people. 1000 Pals have been killed in Syria, but nobody cares.

  2. Let me add just one fact from the UN Charter.

    Article 2, Paragraph 7.

    Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

    UNGA 194 is ILLEGAL according to international law.

  3. Arabs always want everything, whether it belongs to them or not.

  4. Arabs always want everything, whether it belongs to them or not.

  5. Addy Kadura says:

    What about jews born outside of Palestine? Oh I forgot God promised you the land…lies.lies.lies.

    You disgust me and anyone with a conscience, you should be ashamed of yourself for the 60 years of ongoing TERRORISM

  6. Addy Kadura says:

    What about jews born outside of Palestine? Oh I forgot God promised you the land…lies.lies.lies.

    You disgust me and anyone with a conscience, you should be ashamed of yourself for the 60 years of ongoing TERRORISM

Comments are closed.

SocialTwist Tell-a-Friend

UWI blog logo
Current Top Story
NY rally against Met Opera's 'Death of Klinghoffer' opera. Sept. 22, 2014.
New York City Site of Huge Rally Against Met’s Klinghoffer Opera
Latest Blogs Stories
soldiers[1]

Here is your chance to show your appreciation to the IDF!

IDF Unetaneh Tokef

This video of IDF soldiers singing one of the most powerful prayers Jews say on the holiest day of the year is simply amazing!

Jordana

When I think back to one year ago it actually feels like a lifetime ago; I was truly another person.

eretz-israel-struck

To continue meriting the Promised Land, Jews must consider & always improve upon their own behavior.

Though the Talmud doesn’t give instructions, Metzitza has always been done B’Peh – by oral suction.

ISIS and Hamas are cut from the same cloth. Obama should listen to Netanyahu.

Last night I attended the big festive celebration of ten years of Menachem Begin Heritage Center and Museum. Security was tight, almost like at a foreign airport, because both Prime Minister Binyamin Netanyahu and President Ruby Rivlin were to be there. And yes, they were and yes they spoke. Officially the evening was a tribute […]

Hamas’ tunnels were destroyed as were plans for their unparalleled terror attacks on Rosh Hashana.

Grandmaster Michael Adams talks about life as a professional chess player.

The Jewish Press stressed the possible ramifications of such a breach of Israeli political protocol

Why some countries are more economically successful than others? Tune in for the answer…

If not scared by God be scared by man; Hopefully ethics will integrate into lives for proper reasons

Smear campaigns by people with agendas other than justice do not faze him; He does what is right.

Countries like Turkey, Europe and even the US have proven fertile ground for recruiting terrorists

How many times have you heard anti-semites spew words like Israel are Nazis, or what you are doing to the Arabs is worse that what the Nazis did to the Jews?!…

My blog, Israpundit, was hacked, and I had to move to a new domain…

More Articles from Rachel Avraham
Diversity in Israel

Pro-Israel groups must broaden their coalitions and feature more pro-Israel minority speakers.

mahmoud abbas

Mahmoud Abbas tortured prisoners in PA custody and oppressed critical bloggers and journalists.

None of us support violence and we found out about the story in the media, just like every one else.

Why testify against ones boss or co-worker who engage in sexual harassment, if the case will most likely be dismissed anyway?

The Fatah-Hamas divide in itself should have killed the idea of a two-state for two peoples’ paradigm.

It is absolutely critical that religious Jewish girls have a support network throughout their IDF service.

Women of the Wall Vice Chair Batya Kallus serves as an adviser to Sikkuy, a signatory to the Haifa Declaration calling for the abolishing of the State of Israel.

Printed from: http://www.jewishpress.com/blogs/united-with-israel/international-law-and-the-right-of-return/2013/05/07/

Scan this QR code to visit this page online: