Palestinian Refugees and Their Legal Status: Rights, Politics, and Implications for a Just Solution

2002 ◽  
Vol 31 (3) ◽  
pp. 36-51 ◽  
Author(s):  
Susan M. Akram

The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the Palestinian refugee problem.

2020 ◽  
Vol 35 (1) ◽  
pp. 37-55
Author(s):  
Yossi Goldstein

A prominent aspect of the Jewish-Arab conflict over Palestine has been the Palestinian ‘catastrophe’ or ‘Nakba’—the displacement of some 750,000 Palestinians during Israel’s War of Independence. David Ben-Gurion, the Yishuv’s pre-state leader and Israel’s first prime minister, was an influential figure in this process. This article investigates Ben-Gurion’s attitude toward the Palestinian refugee problem, highlighting its dynamic nature and its linkage to military developments. Contrary to the conclusions of previous research, only after the Arab states’ invasion and the war’s expansion in late May and early June 1948 did Ben-Gurion decide to oppose the refugees’ return. Undeterred by his own ethical misgivings and international efforts to secure repatriation, his view was reinforced over time, as Israel’s victories on the battlefield became unequivocal.


1982 ◽  
Vol 12 (1-2) ◽  
pp. 25-28
Author(s):  
Poul Hartling

Africa remains the continent with the greatest number of refugees. All over the continent, refugees arrive in countries facing their own development problems and difficulties; they are, nevertheless, received with generosity and hospitality, in line with deep-rooted traditions that have remained alive thoughout the turmoil of events.I cannot but emphasize once more, at the outset of this gathering, my profound appreciation for this approach of African governments and peoples to the refugee problem. This attitude brings considerable relief to the plight of the refugees and is an example to the world; it is also an ever-present asset in our relationship with the governments and in our co-operation with the Organization of African Unity, the multiple aspects of which are being constantly developed and reinforced in the most positive humanitarian spirit.


Author(s):  
Muhamad Hasrul Bin Zakariah

British involvement in Middle East politics can be traced to long before the First World War when its economic and strategic interests appeared to be the main reason for the involvement. The emergence of the newly created Israeli state, following the Balfour Declaration, marked the beginning of the Palestinian refugee crisis. Between 1948 and 1956, historical liability and obligation forced the British to be involved in providing humanitarian aid to the Palestinian refugees. British involvement in the Suez Crisis later in 1956, was a tragedy for British influence in the Middle East. Many scholars concluded that the 1956 campaign marked “the end of British empire in the Middle East” and the beginning of the cold war, American-Soviet rivalry that left Britain marginalised. Even prominent Middle East scholars such as Michael Ben Oren, in his book Six Days of War: June 1967 and the Making of Modern Middle East, did not give attention to the British role and involvement in the 1967 crisis. However, the British efforts to regain Arab trust whilst preserving its economic and strategic interests in the Middle East persuaded Britain to remain involved with the Palestinian refugee crisis. None of these scholars have tried to analyse the motives behind continued British involvement in humanitarian aid for Palestinian refugees – the crisis which lingers long after the end of the British Empire in the Middle East. This paper discusses this topic with a focus on refugees from the 1967 war and attempts to explain the reasons for continuation of British aid from an historical perspective. This research was based on historical document analysis and the extraction of archival sources from The National Archive (TNA) in London.


2007 ◽  
Vol 36 (3) ◽  
pp. 6-22 ◽  
Author(s):  
Tom Segev

This article, excerpted from a chapter of a new book on the 1967 war, focuses on the debates within Israel, especially within the government, regarding the fate of the Palestinian refugees (particularly in Gaza) who came under Israeli control in the wake of the war. The article explores Israeli government and military involvement, including that of the prime minister's office, in soliciting and crafting a number of plans to bring about the out-migration of Palestinians from Gaza.


2017 ◽  
Vol 28 (2) ◽  
pp. 182-201 ◽  
Author(s):  
Rafi Nets-Zehngut

Purpose This paper aims to explore, for the first time over a long period of time, the autobiographical memory of Israeli veterans of the 1948 War, pertaining to the 1948 Palestinian exodus that led to the creation of the Palestinian refugee problem. Does this memory include the Zionist narrative (i.e. willing flight of the Palestinian refugees) or a critical narrative (i.e. willing flight and expulsion)? One of the primary sources to influence the collective memory of conflicts is the autobiographical memory. This memory is also one of the primary sources for research of the past. Thus, autobiographical memory is of importance. Design/methodology/approach Methodologically, this is done through an analysis of all 1948 veterans’ memoirs published between 1949 and 2004. Interviews were also conducted with various veterans, to understand the dynamics of their memoir publication. Findings Empirical findings suggest that during the first period (1949-1968), this memory was exclusively Zionist; during the second (1969-1978), it became slightly critical; and during the third (1979-2004), the critical tendency became more prevalent. Onward, the nine empirical causes for the presentation of exodus the way it was presented are discussed. Theoretical findings relate, inter alia, to the importance of micro factors in shaping the autobiographical memory, assembles seven such theoretical factors, suggests that these factors can influence in two ways (promoting collective memory change or inhibiting it), and that their impact can change over time. Originality/value Taken together, the paper contributes empirical and theoretical findings that are based on a solid and wide scope research.


1997 ◽  
Vol 26 (2) ◽  
pp. 42-58 ◽  
Author(s):  
Rex Brynen

Possible final status arrangements for the Palestinian refugee issue are explored, with emphasis on their consequences for the Palestinians in Lebanon. It is suggested that the right of return will be limited largely to the West Bank and Gaza, where it will be shaped by local economic conditions. Available compensation funds may be inadequate. Greater research and policy planning are needed in these areas. Moreover, because Lebanon will continue to host a significant Palestinian population for many years to come, both Palestinian-Lebanese dialogue and improvement in the social, economic, and legal status of the Palestinians are imperative.


Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex

This chapter examines the foundation of Palestinian refugees’ status in international law, as well as the characteristics of their distinctive institutional and normative regime compared to other refugees around the world. This distinctiveness stems from special arrangements the United Nations (UN) has made for them. This includes ad hoc UN agencies mandated to protect and assist Palestinian refugees, namely the United Nations Conciliation Commission for Palestine (UNCCP) and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) as well as, under certain circumstances, the United Nations High Commissioner for Refugees (UNHCR). The chapter then considers both the genesis and meaning of Article 1D of the 1951 Refugee Convention, the provision specifically included with the Palestinian refugees in mind, including its recent interpretation and application, and various defintions of Palestine/Palestinian refugee offered for various purposes (i.e. assistance and relief, protection and durable solutions). It shows how the special arrangements for this group of refugees, put in place due to the circumstances of their displacement, were meant to ensure continuity of protection and how, the lack of durable solutions has made the arrangements set up for them, inclreasingly looking as an anomaly.


2016 ◽  
Vol 3 (2) ◽  
pp. 200-224
Author(s):  
Bilge Deniz Çatak

Filistin tarihinde yaşanan 1948 ve 1967 savaşları, binlerce Filistinlinin başka ülkelere göç etmesine neden olmuştur. Günümüzde, dünya genelinde yaşayan Filistinli mülteci sayısının beş milyonu aştığı tahmin edilmektedir. Ülkelerine geri dönemeyen Filistinlilerin mültecilik deneyimleri uzun bir geçmişe sahiptir ve köklerinden koparılma duygusu ile iç içe geçmiştir. Mersin’de bulunan Filistinlilerin zorunlu olarak çıktıkları göç yollarında yaşadıklarının ve mülteci olarak günlük hayatta karşılaştıkları zorlukların Filistinli kimlikleri üzerindeki etkisi sözlü tarih yöntemi ile incelenmiştir. Farklı kuşaklardan sekiz Filistinli mülteci ile yapılan görüşmelerde, dünyanın farklı bölgelerinde mülteci olarak yaşama deneyiminin, Filistinlilerin ulusal bağlılıklarına zarar vermediği görülmüştür. Filistin, mültecilerin yaşamlarında gelenekler, değerler ve duygusal bağlar ile devam etmektedir. Mültecilerin Filistin’den ayrılırken yanlarına aldıkları anahtar, tapu ve toprak gibi nesnelerin saklanıyor olması, Filistin’e olan bağlılığın devam ettiğinin işaretlerinden biridir.ABSTRACT IN ENGLISHPalestinian refugees’ lives in MersinIn the history of Palestine, 1948 and 1967 wars have caused fleeing of thousands of Palestinians to other countries. At the present time, its estimated that the number of Palestinian refugees worldwide exceeds five million. The refugee experience of Palestinians who can not return their homeland has a long history and intertwine with feeling of deracination. Oral history interviews were conducted on the effects of the displacement and struggles of daily life as a refugee on the identity of Palestinians who have been living in Mersin (city of Turkey). After interviews were conducted with eight refugees from different generations concluded that being a refugee in the various parts of the world have not destroyed the national entity of the Palestinians. Palestine has preserved in refugees’ life with its traditions, its values, and its emotional bonds. Keeping keys, deeds and soil which they took with them when they departed from Palestine, proving their belonging to Palestine.


2016 ◽  
Vol 13 (1) ◽  
pp. 7-26
Author(s):  
Glenn Odom

With the rise of the American world literature movement, questions surrounding the politics of comparative practice have become an object of critical attention. Taking China, Japan and the West as examples, the substantially different ideas of what comparison ought to do – as exhibited in comparative literary and cultural studies in each location – point to three distinct notions of the possible interactions between a given nation and the rest of the world. These contrasting ideas can be used to reread political debates over concrete juridical matters, thereby highlighting possible resolutions. This work follows the calls of Ming Xie and David Damrosch for a contextualization of different comparative practices around the globe.


2017 ◽  
Vol 16 (2) ◽  
pp. 177-192 ◽  
Author(s):  
Anaheed Al-Hardan

The 1948 Nakba has, in light of the 1993 Oslo Accords and Palestinian refugee activists' mobilisation around the right of return, taken on a new-found centrality and importance in Palestinian refugee communities. Closely-related to this, members of the ‘Generation of Palestine’, the only individuals who can recollect Nakba memories, have come to be seen as the guardians of memories that are eventually to reclaim the homeland. These historical, social and political realities are deeply rooted in the ways in which the few remaining members of the generation of Palestine recollect 1948. Moreover, as members of communities that were destroyed in Palestine, and whose common and temporal and spatial frameworks were non-linearly constituted anew in Syria, one of the multiples meanings of the Nakba today can be found in the way the refugee communities perceive and define this generation.


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