Return of Palestinian Refugees to The State of Israel

By Yaffa Zilbershatz, Nimra Goren-Amitai

The Palestinian claim regarding the return of the Palestinian refugees and their descendents to the State of Israel is one of the most difficult issues facing the parties as they seek to resolve the Israeli-Palestinian dispute.

What is the position of international law regarding the claim that the refugees and their descendents have a vested legal right to return to the State of Israel?

This position paper The Return of Palestinian Refugees to the State of Israel deals with three major issues: (a) it reviews the facts leading to the creation of the Palestinian refugee problem and the unique manner in which that problem has been handled; (b) it analyses the position taken by international law towards the Palestinian claim to a right to return to the State of Israel; and (c) it examines the practices of states and the international community regarding the return of refugees to areas engaged in ethnic conflicts.

After analyzing sources of international law, the authors reach the conclusion that these sources do not vest the Palestinian refugees with a legal right to return to the State of Israel. Readers of the booklet will learn that return is generally not the practice recommended to resolve ethnic conflicts. Additionally, they will become more acutely aware of the risk which the return of masses of refugees to the territory of Israel poses for the realization of the Jewish people’s right to self-determination and to a flourishing stable existence in Israel.

The position paper therefore suggests that the issue of the return of the Palestinian refugees and their descendents be dealt with outside the realm of the discourse of rights. The authors call for political negotiations to be conducted with care so as to prevent the widespread return of Palestinian refugees.





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