The Palestinian Right of Return Under International Law
The Palestinian Right of Return Under International Law

Author: Francis Anthony Boyle

Publisher: SCB Distributors

Published: 2011

Total Pages: 175

ISBN-13: 0932863930

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The just resolution of the Palestinian right of return is at the very heart of the Middle East peace process. Nonetheless, the Obama administration intends to impose a comprehensive peace settlement upon the Palestinians that will force them to give up their well-recognized right of return under United Nations General Assembly Resolution 194(III)) of 1948; accept a Bantustan of disjointed and surrounded chunks of territory on the West Bank in Gaza; and even expressly recognize Israel as "the Jewish State," as newly demanded by Benjamin Netanyahu. All this will fail for the reasons so powerfully and eloquently stated in this book. For the past three decades, Francis A. Boyle has provided the leadership of the Palestinian people with advice, counsel, and representation at all stages of the Middle East Peace Process. Here, he elaborates what the Palestinians must now do to realize their international legal right of return, in keeping with his startling perception of Israel as itself nothing more than a Jewish Bantustan bound for failure. While an enormous amount of scholarly literature has been generated affirming the Palestinian right of return under international law, none is as authentic, powerful, personal, or convincing. Boyle has gone to the heart of the solution.

Palestinian Refugees in International Law
Palestinian Refugees in International Law

Author: Francesca P. Albanese

Publisher: Oxford University Press

Published: 2020-05-21

Total Pages: 660

ISBN-13: 0191086789

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The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

The War of Return
The War of Return

Author: Adi Schwartz

Publisher: All Points Books

Published: 2020-04-28

Total Pages: 170

ISBN-13: 1250252989

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Two prominent Israeli liberals argue that for the conflict between Israel and the Palestinians to end with peace, Palestinians must come to terms with the fact that there will be no "right of return." In 1948, seven hundred thousand Palestinians were forced out of their homes by the first Arab-Israeli War. More than seventy years later, most of their houses are long gone, but millions of their descendants are still registered as refugees, with many living in refugee camps. This group—unlike countless others that were displaced in the aftermath of World War II and other conflicts—has remained unsettled, demanding to settle in the state of Israel. Their belief in a "right of return" is one of the largest obstacles to successful diplomacy and lasting peace in the region. In The War of Return, Adi Schwartz and Einat Wilf—both liberal Israelis supportive of a two-state solution—reveal the origins of the idea of a right of return, and explain how UNRWA - the very agency charged with finding a solution for the refugees - gave in to Palestinian, Arab and international political pressure to create a permanent “refugee” problem. They argue that this Palestinian demand for a “right of return” has no legal or moral basis and make an impassioned plea for the US, the UN, and the EU to recognize this fact, for the good of Israelis and Palestinians alike. A runaway bestseller in Israel, the first English translation of The War of Return is certain to spark lively debate throughout America and abroad.

Justice for Some
Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Palestinian Refugees
Palestinian Refugees

Author: Robert Bowker

Publisher: Lynne Rienner Publishers

Published: 2003

Total Pages: 288

ISBN-13: 9781588262028

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Encompassing history, politics, and political culture, Bowker grapples with fundamental issues of Palestinian identity in the context of the peace process.

International Law and the Israeli-Palestinian Conflict
International Law and the Israeli-Palestinian Conflict

Author: Susan M. Akram

Publisher: Routledge

Published: 2010-12-23

Total Pages: 543

ISBN-13: 113685097X

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The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Palestine, Palestinians and International Law
Palestine, Palestinians and International Law

Author: Francis A. Boyle

Publisher: SCB Distributors

Published: 2010-08-13

Total Pages: 360

ISBN-13: 0932863922

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A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq. Francis Boyle is regularly interviewed by media all over the world. In recent months, he has been interviewed by the Christian Science Monitor, Time, USA Today, the Washington Post, and Al Jazeera, among others. He is a frequent commentator on NPR, his articles appear regularly in a wide range of online publications, notably the website Counterpunch, and he is often interviewed on radio and television.

Israel and the Palestinian Refugees
Israel and the Palestinian Refugees

Author: Eyal Benvenisti

Publisher: Springer Science & Business Media

Published: 2007-02-17

Total Pages: 495

ISBN-13: 3540681612

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This book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. It contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the "knowledge gap" between the different camps. The book provides a comprehensive picture of the various aspects of the problem and of the possible means of its resolution.

Palestinian Refugees
Palestinian Refugees

Author: Are Knudsen

Publisher: Routledge

Published: 2010-11-05

Total Pages: 245

ISBN-13: 1136883347

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More than four million Palestinian refugees live in protracted exile across the Middle East. Taking a regional approach to Palestinian refugee exile and alienation across the Levant, this book proposes a new understanding of the spatial and political dimensions of refugee camps across the Middle East. Combining critical scholarship with ethnographic insight, the essays uncover host states’ marginalisation of stateless refugees and shed light on new terminology on refugees, migration and diaspora studies. The impact on the refugee community is detailed in novel studies of refugee identity, memory and practice and new legal approaches to compensation and "right of return". The book opens a critical debate on key concepts and proposes a new understanding of the spatial and political dimensions of refugee camps, better understood as laboratories of Palestinian society and "state-in-making". This strong collection of original essays is an essential resource for scholars and students in refugee studies, forced migration, disaster studies, legal anthropology, urban studies, international law and Middle East history.