 |
| Arab fighters with a burning Jewish supply truck on the way to Jerusalem, 1948 |
Mondoweiss publishes a pro-BDS article by Donna Nevel who is frustrated that South Florida Jewish newspapers. won’t publish her anti-Israel op-eds.
Seventy-three years ago this week, on December 11, 1948, U.N. General Assembly Resolution 194 made clear that Palestinians had the right to return to their homes and lands from which they had been expelled. Resolution 194 stated that “refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date.”
Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;
Instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation, and to maintain close relations with the Director of the United Nations Relief for Palestine Refugees and, through him, with the appropriate organs and agencies of the United Nations;
Does Resolution 194 gives a legal basis for the “right of return”?
Firstly, this is a General Assembly resolution, and as such is not international law. It includes many other paragraphs, such as protection and free access to holy places (which Jordan did not respect.)
Secondly, notice that the wording does not use the word “right.” This was a deliberate decision made as the resolution was being drafted– because no such right exists.
Thirdly, the Arabs rejected the resolution at the time. It is a little disingenuous to have them claim that what they strenuously opposed then is international law now.
Fourthly, as Israel argued at the time, the paragraph gives conditions for any return – the Arabs would have to agree to live in peace with their Jewish neighbors, and that has never happened.
Fifthly, the original British draft of the resolution specified Arab refugees. That language was removed, meaning that it refers to both Jewish and Arab refugees being able to return to their homes. That is one reason every Arab nation rejected it. Yet no one who supports “return” says Jews have the right to return to the places they lived across the Green Line.
Finally, according to the International Court of Justice, “international law leaves it to each State to lay down the rules governing the grant of its own nationality.”
Leave a Reply