The Palestinian Refugee Issue and the “Right of Return”

• No Legal Precedent for “Right of Return”: No refugee group in modern history has been granted a collective, legally enforceable “right of return,” especially 76 years and three generations after a conflict, particularly when their leaders initiated the crisis.

• Historical Context: Between 1945 and 1958, over 40 million people became refugees due to wars and revolutions. The international community focused on resettlement in other countries, not a “right of return.”

• European Court Ruling: In 2010, the European Court of Human Rights ruled against imposing an unconditional obligation on governments to rehouse large numbers of refugees, reinforcing the lack of a universal “right of return.”

• Arab Responsibility for 1948 Crisis: The Palestinian refugee crisis stemmed from Arab and Palestinian leaders’ rejection of the 1947 UN Partition Plan and their subsequent war to destroy the nascent Jewish state, not from a premeditated Israeli expulsion.

• UN Resolution 194 Misconceptions: UN General Assembly Resolution 194, rejected by Arab states and non-binding, recommended “resettlement” or “repatriation” for refugees willing to live in peace, without mentioning a “right of return.” Arab and Palestinian leaders’ ongoing wars and terrorism since 1948 undermine this condition.

• UN Resolution 237 Scope: Resolution 237 pertains only to the West Bank and Gaza, not Israel. In 1993, Israel and Palestinians agreed to negotiate the return of 1967-displaced persons as part of a final peace treaty.