The Palestinian Right of Return: An Analysis of International Law versus Israeli Policies

Palestinian refugees have long argued for their right of return, citing international and UN resolutions. This essay examines the discrepancies between the Palestinian right of return and the Israeli Law of Return, underscoring the historical and ideological roots of these positions.

The Right of Return in International Law

The right of return for Palestinian refugees is affirmed in international law and UN resolutions. The concept is based on the idea that these refugees were dispossessed and forcibly exiled from their homes. According to international law, the right of return is a fundamental principle for expellees, including their descendants.

Resolution 194 (1948) specifically recognized the right of Palestinian refugees to return to their homes. Similarly, the Declaration of the Establishment of the State of Israel in 1948 provided for the return of Jewish immigrants, emphasizing the right of Jews to immigration and the "ingathering of the exiles."

The Israeli Law of Return

In stark contrast, the Israeli Law of Return, enacted in 1950, grants an expanded right of return to all Jews worldwide, regardless of ancestry or family ties. This law explicitly distinguishes between the right of return for Jews and Palestinians, treating the latter as displaced people rather than rightful residents.

The differentiation in these two rights of return was long evident in Zionist ideology. Theodor Herzl, in his work The State of the Jews, emphasized the notion of return for the Jewish people, coupled with the idea of colonization. Vladimir Jabotinsky, in his manifesto The Iron Wall, further solidified this understanding of the right of return as a means of Zionism and colonization.

The Israeli policies and laws are based on the principle of racial supremacy, justifying the right of return for Jews while denying the same right to Palestinians. This is exemplified in Israel's Policies that seek to ensure Jewish demographic supremacy and racial Jewish predominance.

The Legal and Moral Standpoint

Several case studies and historical examples support the principle of the right of return. The Bosnian War, for instance, demonstrated that the right of return is a fundamental principle in international law. Similarly, efforts to ensure the return of Somali refugees and their descendants further underscore this principle.

However, the Trump and Biden administrations have sought to undermine Palestinian rights through efforts to dismantle UNRWA, the UN agency that supports Palestinian refugees.

Contemporary Challenges and Legal Framework

Recently, the Trump administration's affirmation that Jewish settlements in Jerusalem, the West Bank, and the Golan Heights do not violate international law is seen as a direct challenge to the Palestinian right of return. This stance is part of an ongoing effort to redefine who qualifies as a refugee and thus limit the scope of their rights.

The assertion of a particularist Jewish right of return reflects the Zionist ideology that sees the colonization of Palestine as a legitimate and justified act. This ideology is underpinned by a narrative of historical Jewish connection to the land and the displacement of indigenous Palestinians.

The Palestinian struggle today must underscore the need for the implementation of the Palestinian right of return. This is crucial for undoing the Zionist conquest of Palestine, restoring justice, and ensuring that international law is effectively applied.

Conclusion

The Palestinian right of return is a fundamental legal and humanitarian principle that has been recognized and affirmed by international bodies. However, the Israeli policies and laws deny this right to Palestinians, promoting a particularist framework that supports Jewish colonization and demographic supremacy.

Efforts to undermine Palestinian rights through various political and legal mechanisms must be met with global solidarity and support for the application of international law. The restoration of the Palestinian right of return is essential for achieving justice and a sustainable peace in the region.

Keywords: Palestinian Right of Return, Israeli Law of Return, Zionist Settlements, International Law, UN Resolution 194, Theodor Herzl, Vladimir Jabotinsky, Bosnian War, UNRWA