resettlement of Palestinian refugees is the choice of the refugee not to return to his
or her place of origin.137
All Palestinian refugees, whether they still live in their first country of refuge or
have moved to another country, hold the right to voluntarily choose to return to their
place of origin in what became Israel, and to housing and property restitution, and/
or compensation for loss of or damage to property. Thus, all Palestinian refugees,
including those who have obtained citizenship of any state, should be included in the
final durable solution to the Arab-Israeli conflict.
United Nations General Assembly Resolution 194(III) affirms the above rights
and the principle of individual refugee choice.138 By 1948, voluntariness was already
an established principle of refugee law and practice.139 This framework is consistent
with the options set forth in international refugee law – i.e., voluntary repatriation,
voluntary local integration, or voluntary resettlement to a third country, in addition
to property restitution. Under international refugee law and modern state practice,
voluntary repatriation is considered to be the primary solution to refugee flows. Most
importantly, of the three durable solutions, return – i.e., voluntary repatriation – is
the only one that is a human right and obligatory on the state of origin. The right
of return is a customary norm of international human rights law and is explicitly
affirmed in many instruments as a human right. The Universal Declaration of Human
Rights stipulates: “[e]veryone has the right to leave any country, including his own,
and to return to his country.”140 Article 12(4) of the International Covenant on Civil
and Political Rights (ICCPR) reads: “[n]o one shall be arbitrarily deprived of the
right to enter his own country.”141 Denial of return, nationality and residence –
among other rights – on discriminatory grounds, such as race, religion or ethnic
origin, is arbitrary and expressly prohibited under international human rights law.142
Following the wording “return to his country,” the return of Palestinian refugee must
be accompanied by Israel’s recognition of nationality to such persons, a measure
See Boling, The 1948 Palestinian Refugees and the Individual Right of Return: An International Law
Analysis, Section 2. See also UNCCP, “Analysis of Paragraph 11 of the General Assembly’s Resolution
of 11 December 1948,” May 15, 1950, UN Doc. A/AC.25/W/45, http://unispal.un.org/UNISPAL.NSF
/0/94F1C22721945319852573CB00541447.
138
It is important to note that UNGA Resolution 194(III) has a character unique from all other UN
resolutions: the fact that it has been reaffirmed by the General Assembly every year and that it
represents the overwhelming majority view of the UN member states constitutes “strong evidence
of its authority as customary international law on the Palestinian refugee question.” See Susan
M. Akram, Reinterpreting Palestinian Refugee Rights under International Law, and a Framework
for Durable Solutions, Information and Discussion Brief (Bethlehem: BADIL Resource Center for
Palestinian Residency and Refugee Rights, February 2000), 5, http://www.BADIL.org/en/documents/
category/51-bulletins-briefs?download=552%3Abrief-no.1-reinterpreting-palestinian-refugeerights-under-international-law-and-a-framework-for-durable-solutions&start=50&ei=XmNLVNHMcidPd2_gIAM&usg=AFQjCNHaTYDPAXJavE00Ld5OE9pA6i_HTg&bvm=bv.77880786,d.ZWU.
139
UNCCP, “Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948.”
140
UN General Assembly, “Universal Declaration of Human Rights” (UN General Assembly, December
10, 1948), http://www.un.org/en/documents/udhr/index.shtml#a16, Article 13(2).
141
UN General Assembly, “International Covenant on Civil and Political Rights,” December 16, 1966,
A/RES/2200(XXI)[A-C], Article 12(4).
142
United Nations, International Convention on the Elimination of All Forms of Racial Discrimination,
1965, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx, Article 5(d).
137
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Handbook on Protection of Palestinian Refugees
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