Palestinian right of return in the context of "Palestinian nationalist"

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⭐ Core Definition: Palestinian right of return

The Palestinian right of return is the political position or principle that Palestinian refugees, both first-generation refugees (c. 30,000 to 50,000 people still alive as of 2012) and their descendants (c. 5 million people as of 2012), have a right to return and a right to the property they themselves or their forebears left behind or were forced to leave in what is now Israel and the Palestinian territories (both formerly part of the British Mandate of Palestine) during the 1948 Palestinian expulsion and flight (part of the 1948 Palestine war) and the 1967 Six-Day War.

The right of return was initially formulated on 27 June 1948 by United Nations mediator Folke Bernadotte. Proponents of the right of return hold that it is a human right, whose applicability both generally and specifically to the Palestinians is protected under international law. This view holds that those who opt not to return, or for whom return is not feasible, should receive compensation. Proponents argue that Israel's opposition stands in contrast with its Law of Return that grants all Jews the right to settle permanently, while withholding any comparable right from Palestinians. The government of Israel, and its supporters, state that Palestinian refugees do not have the right of return under international law.

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Palestinian right of return in the context of Israeli–Palestinian conflict

The Israeli–Palestinian conflict is an ongoing military and political conflict about land and self-determination within the territory of the former Mandatory Palestine. Key aspects of the conflict include the Israeli occupation of the West Bank and Gaza Strip, the status of Jerusalem, Israeli settlements, borders, security, water rights, the permit regime in the West Bank and in the Gaza Strip, Palestinian freedom of movement, and the Palestinian right of return.

The conflict has its origins in the rise of Zionism in the late 19th century in Europe, a movement which aimed to establish a Jewish state through the colonization of Palestine, synchronously with the first arrival of Jewish settlers to Ottoman Palestine in 1882. The Zionist movement garnered the support of an imperial power in the 1917 Balfour Declaration issued by Britain, which promised to support the creation of a "Jewish homeland" in Palestine. Following British occupation of the formerly Ottoman region during World War I, Mandatory Palestine was established as a British mandate. Increasing Jewish immigration led to tensions between Jews and Arabs, which grew into intercommunal conflict. In 1936, an Arab revolt erupted, demanding independence and an end to British support for Zionism, which was suppressed by the British. Eventually, tensions led to the United Nations adopting a partition plan in 1947, triggering a civil war.

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Palestinian right of return in the context of Oslo Accords

The Oslo Accords are a pair of interim agreements between Israel and the Palestine Liberation Organization (PLO): the Oslo I Accord, signed in Washington, D.C., in 1993; and the Oslo II Accord, signed in Taba, Egypt, in 1995. They marked the start of the Oslo process, a peace process aimed at achieving a peace treaty based on Resolution 242 and Resolution 338 of the United Nations Security Council. The Oslo process began after secret negotiations in Oslo, Norway, resulting in both the recognition of Israel by the PLO and the recognition by Israel of the PLO as the representative of the Palestinian people and as a partner in bilateral negotiations.

Among the notable outcomes of the Oslo Accords was the creation of the Palestinian Authority, which was tasked with the responsibility of conducting limited Palestinian self-governance over parts of the West Bank and the Gaza Strip; and the international acknowledgement of the PLO as Israel's partner in permanent-status negotiations about any remaining issues revolving around the Israeli–Palestinian conflict. Bilateral dialogue stems from questions related to the international border between Israel and a future Palestinian state: negotiations for this subject are centered around Israeli settlements, the status of Jerusalem, Israel's maintenance of control over security following the establishment of Palestinian autonomy, and the Palestinian right of return. The Oslo Accords did not create a definite Palestinian state.

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Palestinian right of return in the context of Israeli–Palestinian peace process

Intermittent discussions are held by various parties and proposals put forward in an attempt to resolve the Israeli–Palestinian conflict through a peace process. Since the 1970s, there has been a parallel effort made to find terms upon which peace can be agreed to in both this conflict and the wider Arab–Israeli conflict. Notably, the Camp David Accords between Egypt and Israel included discussions on plans for Palestinian autonomy, but did not include any Palestinian representatives. The autonomy plan was not implemented, but its stipulations were represented to a large extent in the Oslo Accords.

Despite the failure of the peace process to produce a final agreement, the international consensus has for decades supported a two-state solution to the conflict, based on United Nations Security Council Resolution 242 and 338. This includes the establishment of an independent Palestinian state under the pre-1967 borders including East Jerusalem and a resolution to the refugee question based on the Palestinian right of return (in accordance with United Nations General Assembly Resolution 194, though Israel disputes this interpretation). This is in contrast to the current situation under the Oslo Accords in which the Palestinian territories are divided into areas of varying jurisdiction between Israeli military control and the Palestinian National Authority (PA), with the PA only having partial self-rule in Area A of the West Bank and in the Gaza Strip. A final settlement as stipulated by the Oslo Accords has yet to be reached.

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Palestinian right of return in the context of Corpus separatum (Jerusalem)

Corpus separatum (Latin for "separated body") was the internationalization proposal for Jerusalem and its surrounding area as part of the United Nations Partition Plan for Palestine. It was adopted by the United Nations General Assembly with a two-thirds majority in November 1947. According to the Partition Plan, the city of Jerusalem would be brought under international governance, conferring it a special status due to its shared importance for the Abrahamic religions. The legal base ("Statute") for this arrangement was to be reviewed after ten years and put to a referendum. The corpus separatum was again one of the main issues of the post-war Lausanne Conference of 1949, besides the borders of Israel and the question of the Palestinian right of return.

The Partition Plan was not implemented, being firstly rejected by Palestinian and other Arab leaders and then overtaken by the 1948 Arab–Israeli War, which left Jerusalem split between Israel (West Jerusalem) and Jordan (East Jerusalem). In 2012, the European Parliament expressed majority support, and the UN General Assembly expressed overwhelming support for the view that Jerusalem should be a dual capital, with an even split between Israel and the State of Palestine, although exact positions are varied.

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Palestinian right of return in the context of Palestinian nationalism

Palestinian nationalism is the national movement of the Palestinian people that espouses self-determination and sovereignty over the region of Palestine. Originally formed in the early 20th century in opposition to Zionism, Palestinian nationalism later internationalized and attached itself to other ideologies; it has thus rejected the occupation of the Palestinian territories by the government of Israel since the 1967 Six-Day War. Palestinian nationalists often draw upon broader political traditions in their ideology, such as Arab socialism and ethnic nationalism in the context of Muslim religious nationalism. Related beliefs have shaped the government of Palestine and continue to do so.

In the broader context of the Arab–Israeli conflict in the 21st century, Palestinian nationalist aims have included an end to the refugee status of individuals separated from their native lands during the 1948 Palestinian expulsion and flight, advocates stating that a "right of return" exists either to the occupied territories or to both those areas plus places within Israel itself. Nationalists have additionally worked to advance specific causes in terms of current residents' lives such as freedom of assembly, labor rights, the right to health care, and the right to travel. Divisions exist between nationalists over particular ideological goals, an example being the gulf between Islamist Palestinians favoring a more authoritarian state compared to centrist and secular Palestinians supporting democratic self-determination. Palestinian nationalists are also divided by preferred tactics; some favor nonviolent resistance while others advocate for and engage in political violence both inside and outside Israel.

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Palestinian right of return in the context of Nakba

The Nakba (Arabic: النَّكْبَة, romanizedan-Nakba, lit.'the catastrophe') is the Israeli ethnic cleansing of Palestinian Arabs through their violent displacement and dispossession of land, property, and belongings, along with the destruction of their society and the suppression of their culture, identity, political rights, and national aspirations. The term is used to describe the events of the 1948 Palestine war in Mandatory Palestine as well as Israel's ongoing persecution and displacement of Palestinians. As a whole, it covers the fracturing of Palestinian society and the longstanding rejection of the right of return for Palestinian refugees and their descendants.

During the foundational events of the Nakba in 1948, about half of Palestine's predominantly Arab population – around 750,000 people – were expelled from their homes or made to flee through various violent means, at first by Zionist paramilitaries, and after the establishment of the State of Israel, by its military. Dozens of massacres targeted Palestinian Arabs, and over 500 Arab-majority towns, villages, and urban neighborhoods were depopulated. Many of the settlements were either completely destroyed or repopulated by Jews and given new Hebrew names. Israel employed biological warfare against Palestinians by poisoning village wells. By the end of the war, Israel controlled 78% of the land area of the former Mandatory Palestine.

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Palestinian right of return in the context of Palestinian political violence

As Palestinians have not had a fully-recognized state with a regular army, much of Palestinian political violence in the context of the Israeli–Palestinian conflict has taken the form of insurgency. Common objectives of political violence by Palestinian groups include self-determination in or sovereignty over the region of Palestine, seeking a one-state solution, or the recognition of a Palestinian state. This includes the objective of ending the Israeli occupation. Goals also include the release of Palestinian prisoners held by Israel and recognition of the Palestinian right of return.

Palestinian groups that have been involved in politically motivated violence include the Palestine Liberation Organization (PLO), Fatah, the Popular Front for the Liberation of Palestine (PFLP), the Popular Front for the Liberation of Palestine – General Command (PFLP-GC), the Democratic Front for the Liberation of Palestine, the Abu Nidal Organization, the Palestinian Islamic Jihad, and Hamas. Several of these groups are considered terrorist organizations by the governments of the United States, Canada, the United Kingdom, Japan, New Zealand and the European Union.

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Palestinian right of return in the context of Israeli apartheid

Israeli apartheid is a system of institutionalized segregation and discrimination in the Israeli-occupied Palestinian territories and to a lesser extent in Israel proper. This system is characterized by near-total physical separation between the Palestinian and the Israeli settler population of the West Bank, as well as the judicial separation that governs both communities, which discriminates against the Palestinians in a wide range of ways. Israel also discriminates against Palestinian refugees in the diaspora and against its own Palestinian citizens.

Since the 1948 Palestine war, Israel has denied Palestinian refugees who were expelled or fled from what became its territory the right of return and right to their lost properties. Israel has been occupying the West Bank and the Gaza Strip since the 1967 Six-Day War, which is now the longest military occupation in modern history, and, in contravention of international law, has been constructing large settlements there that separate Palestinian communities from one another and prevent the establishment of a Palestinian state. The settlements are mostly encircled by the Israeli West Bank barrier, which intentionally separates the Israeli and Palestinian populations, a policy called Hafrada. Jewish Israeli settlers are subject to Israeli civil law, but the Palestinian population is subject to military law. Settlers also have access to separate roads and exploit the region's natural resources at the expense of its Palestinian inhabitants.

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