Arab 'Right' Of Return Is Contrary To International Law

For those who are actually interested in international law--as opposed to those who are just showing off the latest phrase they've learned--allowing Arabs a right of return into Israel is contrary to legal precedent.

That is the position taken by law professors Ruth Gavison and Yaffa Zilbershatz. Among the reasons they give are some practical ones:

• It would tie the hands of the government
• It would lead to mass lawsuits
• It would lead to the end of Israel as a Jewish state
• It would jeopardize the two-state solution

Of course, there is the major consideration that allowing Arabs to return to Israel is justified because it will forward the peace process.

And besides, don't the Arabs have a legal right to return?
No, they do not:

"The opposite is true," she [Zilbershatz] says, "In 1948, when the refugee problem was created, returning (to Israel) was not an option, and the trend was to separate the sides, sometimes forcefully by population transfer.

"The interesting thing is that this approach is currently gaining more and more support in the UN. The international community's position that it is preferable to fully settle disputes than to recognize refugees' right of return supported by a recent ruling by the European Court of Human Rights. The court debated the right of the Greek refugees who were expelled from northern Cyprus in 1974, and five months ago it ruled that due to the time that has passed, it would be wrong to rectify the situation by allowing them to return to their homes and expelling those who currently live in the area.

"The court determined that an arrangement for the refugees must be found in the framework of a political solution to the conflict," says Zilbershatz, adding that allowing Palestinian refugees to return would jeopardize the two-state solution.

Of course, we already know that Arab refugees have always been treated differently than regularly than the refugees of every other country. Of all the refugees of all the countries--the Arabs who fled then-Palestine have their own group UNRWA that oversees them, albeit perpetuating their situation.

Professor Zilbershatz notes the extent to which UNRWA gives special treatment to Arab refugees:

She says the organization recognizes the right of the descendants of Palestinian refugees to return to Israel and also considers Palestinians who hold Jordanian citizenship as refugees.

"To make matters worse, UNRWA also upholds the refugee status of terrorists and people who committed crimes against humanity. According to the United Nations Convention relating to the Status of Refugees, such people do not fit the definition of refugees. This document shows how throughout the years UNRWA has made it impossible for refugees to become independent people who lead independent lives," she says.

Don't expect those who prefer to use international law only when it can be used as a club to attack Israel to recognize the legal issue here--after all: just as they treat Israel worse than the rest of the world, they prefer to treat Palestinian Arabs better than the rest.

Technorati Tag: International Law and Right Of Return.