Palestinian refugees in Europe also find themselves trapped in a legal lacuna that does not
provide them the international protection they are entitled to. They face discriminatory legal
frameworks and various hindrances to obtaining fair treatment as refugees and/or stateless
persons in different European states. This is primarily due to the jurisprudence relevant
to Article 1D of the Refugee Convention which fails to adequately recognize the article’s
protective purpose, and instead fails to acknowledge their pre-existing refugeehood.171 For
Palestinian refugees everywhere, their right to durable solutions remains elusive due to an
Israeli-US coalition that aims to liquidate the Palestinian refugee issue and their right to return,
releasing Israel from its responsibilities towards the refugee problem it has caused since 1948.172
1.3.5. Attacks on UNRWA
The aforementioned conditions of Palestinian refugees are exacerbated by an underfunded
UNRWA that is constantly facing Israeli-led attacks and defamation campaigns aimed at
delegitimizing and invalidating the Agency. As a result, UNRWA is gradually becoming less able
to provide adequate services to all Palestinian refugees. The US, as was evident in the Deal of
the Century, desires to transfer
international responsibility for
the refugee question into an
Arab-Palestinian issue, under
which Arab countries and other
agencies assume UNRWA’s role
and funding,173 while seeking
to dissolve the legal status of
Palestinian refugees.174 Recently,
in June 2022, the CommissionerGeneral of UNRWA, Mr.
Lazzarini, made it known that Palestinians campaign to support UNRWA, Gaza Strip (©BADIL)
171
Cynthia Orchard, Palestinians and the Search for Protection as Refugees and Stateless Persons (BADIL and European Network
on Statelessness 2022) [hereinafter Orchard, Search for Protection] <https://www.badil.org/cached_uploads/
view/2022/07/06/lp-refugeeprotection-eng-1657089036.pdf> accessed 3 October 2022.
172
Palestinian Human Rights Organizations Council (PHROC) and BADIL, ‘:بيان مجلس منظمات حقوق اإلنسان الفلسطينية
ّ
وفروا الحماية الدولية لالجئين... [ ’أوقفوا النكبة المستمرةStop the Ongoing Catastrophe and Provide International Protection for
Refugees] (BADIL, 14 May 2019) [hereinafter PHROC, Stop the Ongoing Catastrophe] <http://www.badil.org/ar/
publications-ar/press-releases/89-2019/4948-pr-ar-140519-22.html> accessed 3 October 2022.
173
BADIL, Confronting the Campaign Targeting the United Nations Relief and Work Agency (UNRWA): Parameters, Principles and
Recommendations for a Palestinian Strategic Plan (BADIL 2018), 11-12 [hereinafter BADIL, Confronting the Campaign]
<https://www.badil.org/cached_uploads/view/2021/04/20/unrwa-crisis-determination-of-principles-andproposal-of-a-palestinian-strategic-plan-badil-sep-2018-eng-1618907779.pdf> accessed 3 October 2022.
174
PHROC, Stop the Ongoing Catastrophe (n 172).
33
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Chapter
dependent, and many have had their homes destroyed at least once since the start of Israel’s
multiple assaults on the Strip with greatly restricted access to reconstruction due to Israel’s
ongoing blockade; only 200 out of the 1,700 housing units that were completely destroyed in
Israel’s assault on Gaza in May 2021 were rebuilt.