peace of mind. But I always told them that I became a widow and worked hard
all of these years to keep this home, and to keep it for them, how can I sell it
now? Why would I? It’s impossible. I would never sell this home and leave.”
Sara Afteem, 77-year old female resident of Jaffa.
Interview: Jaffa, 20 March 2017
Israeli justifications for the denial
One of the justifications used by Israel to deny the restitution of properties
taken from displaced Palestinians has been that of reciprocity. The logic
behind this narrative is that Israel absorbed a significant number of
Jewish immigrants or refugees from neighboring Arab countries, some
of whom had their properties confiscated by the states from which they
came, particularly Egypt and Iraq. Therefore, Israel claims that a reciprocal
exchange happened in 1948, in which Palestinian properties, and any
income generated therefrom, were used to compensate and accommodate
the large numbers of Arab Jews who abandoned their properties following
Arab-Israeli hostilities.134
This issue became prevalent during the permanent status negotiations
in Camp David (1999) and Taba (2000), when Elyakim Rubinstein, Israel’s
Attorney General and chief negotiator, disclosed that the records of the
Custodian of Absentee Property were no longer available.135 He also added
that the money resulting from the administration of these properties
since the establishment of the Custodian had been used up and thus, it
was the responsibility of the international community to raise these funds.
Again, Israel continued to justify the denial of the income generated by the
assets of displaced Palestinians, claiming it is a form of ‘exchange’ for all
the displaced Jews they hosted. However, regardless of the status of the
properties of those Jews who arrived to Israel from Arab countries, it does
not affect the legal right of Palestinians to restitution of their properties.
To tie in such a way the claims to reparations of different, unrelated groups of
refugees is without legal basis: all refugees and victims of gross violations of
international law are equally entitled to receive reparations, with no group
to be favored above the others, and no group’s claims are conditional on
the realization of another group’s claims. To that end, claims to reparations
can be made against the offending state only – that is, Arab Jews claiming
134 Michael Fischbach, “Palestinian Refugee Compensation and Israeli Counterclaims for Jewish Property
in Arab Countries”, Journal of Palestine Studies 38, no.1, (2008): 6.
135 Salim Tamari, Review, supra note 132.
49
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