Palestinian refugees under international law. (c2008)

Abstract

The Palestinian refugee question has captured the interest of the world community in trying to find new solutions to the decades old problem. The circumstances that led to the creation of the problem were somehow unique. The state of Israel was established in a land previously populated with no regard to the existing population. As a result of the establishment of the state and the hostilities that occurred, millions of Palestinians were displaced and scattered around the world. In spite of the resolutions asking the state of Israel to allow the return of the refugees, Israel has refused this return claiming that it would threaten its security and the demographic balance in the country, hence the Jewish character. This work studies the international law aspect of the problem by beginning with a general overview covering international law and its principles pertaining to refugees in general and the right of return. Next it gives a historical background of the situation by introducing the ideological and political precedents of the problem. This background really helps understand the way circumstances unfolded and affected the resolution of the issue. It also shows how parties perceive the problem and the way this perception prevented any resolution. The last part of the work deals with international law and how it was applied in the case of the Palestinians in terms of its general principles and the UN forum. An attempt is made to find the failure of international law in solving the problem and in what way it did help. Hence, with the starting of the peace process in the 1990s, parties have undergone different calculations with respect to their positions and policies.