choosing not to exercise their right of return are entitled to be resettled and receive
compensation for their losses. Paragraph 11, sub-paragraph 2, then instructs the
UNCCP to facilitate implementation of the complete set of solutions to the plight of
the refugees. These include, in order of reference, repatriation, resettlement,
compensation, and economic and social rehabilitation.
Of primary relevance to this Brief is the right of return. Paragraph 11, sub-paragraph 1
of Resolution 194 states the right of return clearly, declaring that the General
Assembly:
Resolves that the refugees wishing to return to their homes and live
at peace with their neighbours should be permitted to do so at the
earliest practicable date, and that compensation should be paid for
the property of those choosing not to return and for loss of or
damage to property which, under principles of international law
or in equity, should be made good by the Governments or
authorities responsible.” (emphasis added)
The emphasis on repatriation as the preferred solution for Palestinian refugees reflects
several principles, including the right of displaced persons to return to their homes, as
well as the prohibitions against arbitrary denationalization and mass expulsion
(explained in the sections below), that were customary norms of international law by
1948. This is reflected in the language of the UN Mediator's recommendation for a
solution to the plight of the refugees, which acknowledges the fact that no new rights
were being created.[6] “The right of the Arab refugees to return to their homes in
Jewish controlled territory at the earliest possible date should be affirmed by the
United Nations….”[7] (emphasis added).
The UN Mediator’s recommendation was subsequently incorporated into Resolution
194. Commenting on the original draft of paragraph 11, the representative of the
United States acknowledged that the General Assembly was creating no new rights,
stating that paragraph 11 “endorsed a generally recognized principle and provides a
means for implementing that principle….”[8] By contrast, it is important to note that
sub-paragraph 1, which delineates the rights of the refugees, does not include
resettlement. Resettlement is only included in sub-paragraph 2, which instructs the
UNCCP to facilitate implementation of the rights affirmed in sub-paragraph 1
according to the choice of each individual refugee. The emphasis on repatriation was
consistent with the mandates of several international agencies established to facilitate
solutions for other groups of refugees predating the events of 1948.[9]
The UN Mediator clearly regarded the right of return as the most appropriate remedy
to correct the mass expulsion of Palestinians and the massive violation of their
fundamental human rights. “The exodus of Palestinian Arabs resulted from panic
created by fighting in their communities, by rumors concerning real or alleged acts of
terrorism, or expulsion,” wrote Count Bernadotte in his September 1948 report.
“There have been numerous reports from reliable sources of large-scale pillaging and
plundering, and of instances of destruction of villages without apparent necessity…. It
would be an offence against the principles of elemental justice,” Bernadotte