- 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;
This is where it gets complicated. UN res 194 calls for the right of Palestinians to return to their homes or receive compensation comprising the value of their homes. Although the resolution passed, 15 countries voted against it including all six Arab Nation states.
Yes, and merely three months later they reversed their view and became the strongest advocates for it.
Bernadotte the author and instigator of the UN Resolution was assassinated by Jewish paramilitaries.
This principle of right to return is now recognised in international law.
Precisely, The UN Resolution 194 has been reaffirmed every year since 1949.
It is also enshrined in the 1974 UN Resolution 3236 This time there were 8 voted against it, obviously Israel (who were now members) and USA.
Others abstained such as UK, France, Japan , Italy, etc.
89 Nations voted for that resolution, more than double the original Resolution.
Approx 700,000 Palestinans took part in the exodus, estimates claim somewhere between 30-50,000 are still alive today and under international law have the inalienable right to return.
Somewhere down the line, the UN or possibly UNWRA decided to make the refugee status hereditary. (not something recognised in international law and is unique to Palestinian refugees)
The ownership of property is enshrined in international law and was used by Jews for the return of property stolen during the war.
The property ownership is hereditary, therefore the Right of Return by moral and legal reason, the Right of Return should be hereditary. It is for Israelis.
It is obvious that if the original Palestinians were not forced out of Israel or Palestine or West Bank, their dependents would still be living in the family home.
The original Palestinian refugees.” They are almost all dead. They had occupancy rights and property rights. ..... Anyone who evaluates the history impartially will agree that both their property and occupancy rights were violated by those who prevented them from returning and who appropriated their property
Many of the original Palestinian refugees retained an expectation of return—they continued to struggle for return and planned their lives accordingly, up until death.
The first generation retain a deep connection to their territory; their descendants legitimately join that struggle, and so form legitimate plans to return with their parents; and their plans continue to have significance after their parents die.
Those whose occupancy rights have been violated can transfer their rights to their descendants, not because they retain transferable occupancy rights at death, but because they are able to offer opportunities to their children to live lives connected to those they would have been able to live had their rights not been appropriated
So today, we have 5.5 million people claiming the right of return to Israel. (population 9.5 million and approximately the size of Wales).
Do you see any problems with this?
Israel sees a problem with that. The Israelis would be a minority, except they would still be in government, still applying apartheid, still considering the Palestinians as second-class citizens.. So it's a falsely created concern.
If the ethnic cleansing had not occurred, the same situation would exist.
Not all of the displaced refugees lived in Israel, and many of their homes and lands are now the site of Settler compounds, and or roads, cities, etc.
That's just hard luck.
As the Jews proved the right of return of stolen property, the same must apply to Palestinians.
A solution/compromise needs to be found, I acknowledge that, but as AJohn says, bit of an oddball.
Yes, but the Israelis are not content with compensating them for their stolen property.
They want the rest of the world to do so.
Bu there is another complexity, my right of return to UK, assuming I had emigrated, would not only be to any property that I own, or rent, or buy.
It is an inalienable right to reside anywhere in the UK, and not to be restricted to only the property that I own.
Indeed I could live in London, then move to Manchester, then retire to Devon, if I so wished.
The Right of Return is a Right to live anywhere within that territory, with the freedom of movement (within obvious property laws).
Therefore the Right to Return might include the physical Right to Return to the country,
and compensation for any stolen property.
It is not sufficient to compensate someone for their loss of nationality.
And the vast majority of Palestinian refugees are still in a state of limbo, as far as nationality is concerned. They are Israeli or Palestinian, but can't live there, visit there, or travel within the borders.