Part One Historical and Legal Foundations, I A Historical Overview of the Palestinian Refugee Question
This chapter traces the history of the Palestinian refugee question and discusses the main events that created the conditions that enabled the mass displacement of most of the Arab population of Mandate Palestine. The events that befell Palestine between 1947 and 1948, i.e. the decision of the United Nations to partition Palestine and the resultant war, are defining moments of the Palestinian refugee question. Its roots, however, are to be found in the events that preceded and enabled it–starting with the socio-political and economic transformation that occurred in Palestine during the Ottoman Empire (1808–1917) and intensified during the thirty years of the British control over Palestine (1918–1948). It can also be found in the way the League of Nations first, and the United Nations after, attempted to resolve the dispute over Palestine. This historical account is crucial to understanding how international law was central to early attempts at resolving the refugee issue, and how it subsequently became effectively side-lined. The chapter also identifies some elements of continuity between the original displacement (in 1948 and 1967) and the current situation of Palestinians in the occupied Palestinian territory (oPt) and beyond.