Mandatory Palestine, clearly emphasized that the equality, property, minority
and religious rights of all those in the territory should be respected.69 This
means that the prohibition of displacement, denationalization and denial
of readmission were set out in the Partition Plan,70 well in advance of the
subsequent forcible displacement resulting from the establishment of Israel.
The main point of additional reference for 1948 Palestinian refugees is
Resolution 194 of 1948, in which the UN General Assembly stated that
“refugees [expelled during the Nakba] wishing to return to their homes and
live in peace with their neighbors should be permitted to do so at the earliest
practicable date.”71 The role of Resolution 194 went far beyond the limited
legal scope of an ordinary General Assembly resolution: rather than being
merely recommendatory, it restated pre-existing law. Indeed, by 1948 the
right of refugees and displaced persons to return to their homes had attained
customary status under international law.72 Resolution 194 grew in authority
over the following years as it was repeatedly reaffirmed by the General
Assembly with unanimous or overwhelming majorities.73
As for Palestinians displaced during the 1967 conflict, their right of return has
been acknowledged by the UN Security Council with Resolution 237, where
Israel was called on “to facilitate the return of those inhabitants who have
fled the area since the outbreak of hostilities.”74
69 UN Special Committee on Palestine, Report to the General Assembly, A/364, 3 September 1947,
available at: https://unispal.un.org/DPA/DPR/unispal.nsf/0/07175DE9FA2DE563852568D3006E10F3
[accessed 27 Jul 2018].
70 UN General Assembly, Resolution 181 (II): Future Government of Palestine, A/RES/181(II), 29
November 1947, Chapter 3, available at https://unispal.un.org/DPA/DPR/unispal.nsf/0/7F0AF2
BD897689B785256C330061D253 [accessed 17 September 2018].
71 UN General Assembly Resolution 194, supra note 41, para. 11.
72 W. Thomas Mallison and Sally Mallison, An International Law Analysis of the Major United Nations
Resolutions Concerning the Palestine Question, ST/SG/SER.F/4, 1 January 1979, available at:
https://unispal.un.org/DPA/DPR/unispal.nsf/1ce874ab1832a53e852570bb006dfaf6/885fc39e9de
93ec585256dc20067eab6?OpenDocument [accessed 27 Jul 2018], 31; UN Ad Hoc Committee
on Refugees and Stateless Persons, A Study of Statelessness, United Nations, August 1949, Lake
Success, New York, 1 August 1949, E/1112; E/1112/Add.1, available at: http://www.refworld.org/
docid/3ae68c2d0.html [accessed 27 Jul 2018].
73 The most recent recall can be found in UN General Assembly, Palestine refugees’ properties and their
revenues, A/RES/72/83, 14 December 2017. See, e.g., Samuel Bleicher “The Legal Significance of ReCitation of General Assembly”, The American Journal of International Law 63, No.3 (1966): 444. It is
also worth mentioning that Israel’s admission to the United Nations itself was intrinsically linked to the
fulfilment of principles stated in Resolution 194. See UN Committee on the Exercise of the Inalienable
Rights of the Palestinian People, The Right of Return of the Palestinian People, ST/SG/SER.F/2, 1
November 1978, where the Special Unit on Palestinian Rights affirms that “in the light of the discussions
on the admission of Israel to the UN, and the wording of the resolution, it can be argued that the
admission of Israel was linked with its cooperation in implementing the right of return.”
74 UN Security Council, Security Council Resolution 237, S/RES/237, 14 June 1967, para. 1., available at:
https://unispal.un.org/DPA/DPR/unispal.nsf/0/E02B4F9D23B2EFF3852560C3005CB95A
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