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Backing up the argument: |
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There is no reference to the “right of return” in international
law, relevant UN resolutions or in agreements between Israel and its
Arab neighbors. United Nations Resolutions 242
and 338
refer not to a "right of return," but to the need to resolve
the “refugee issue”. |
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The international resolutions referred to by the Palestinians (UN
Resolution 194 and Article 12 of the 1966 International Covenant
on Civil and Political Rights) are non-binding, and inconsistent with
current conditions and realities. If Resolution 194 is so sacred and
important why isn't the Palestinian Authority demanding
that all of Jerusalem plus Bethlehem and Al-Aqsa mosque be put under
UN rule, as recommended by the 1947 General Assembly resolution on
the partition of British Palestine? |
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International law stipulates that the return of a refugee should
be to the country of which the refugee was a citizen. The right of
return presupposes the existence of a country to which the person
can return. The Palestinians who fled in 1947-1948 had of course not
been citizens of the State of Israel, which was only created in 1948,
and therefore have no legal right to return to Israel. |
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According to the 1948 UN Declaration of Human Rights, Israel is
legally entitled to reject the “return” of Palestinian
refugees. Article 4 of the Declaration stipulates that the return
of refugees can be suspended “in a time of public emergency
which threatens the life of the nation.” Article 29 further
stipulates that a country can refuse refugees if they are likely to
“violate the freedoms of others” and to damage “public
order and the general welfare in a democratic society.” It is
clear that bringing to Israel millions of Arabs, who have made clear
their hostility towards Israel, falls under such definitions. |
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The Palestinian refugee problem was the result of a war forced
on Israel by invading Arab armies. Since Israel is neither at fault
for the creation of the refugee problem nor for its perpetuation,
it should not be asked to take upon itself responsibility for this
problem. |
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Even so, Israel has said that on humanitarian grounds it will participate
in an international effort to resolve the situation through resettlement
and compensation. |
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The exceptional definition of refugees in the Palestinian case has
inflated the number of Palestinian refugees and allowed it to expand
over the years from the hundreds of thousands to the millions. Currently,
the population of Israel is just over 6.7 million, of which 19% are
Arab Israelis, according to the Israeli census. A mass immigration
of millions of Palestinians into Israel would obliterate Israel's
basic identity as the homeland of the Jewish people and a refuge for
persecuted Jews, thus denying the Jews’ right to independence
and self-determination. |
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The Palestinian claim of unlimited immigration to Israel is a political
ploy made by those who do not want Israel to exist. It is disingenuous
that the Palestinians are simultaneously appealing for a state of
their own while calling for the right to freely immigrate to another
state, Israel. By continuing to demand a "right" that would,
in effect, negate the basic identity of Israel, the Palestinian leadership
is undermining prospects for peace. If 5 million Palestinian refugees
would return to Israel, adding to the 1.5 million Arabs already citizens
of the State of Israel, this would mean the end of the Jewish state.
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Besides being historically, morally and legally groundless, the
so-called Palestinian “right of return” is just another
PLO
euphemism for the destruction of Israel. It is also inconsistent with
the two-state solution envisaged by the Road Map,
since it would in effect generate two Arab states and not two states
for two nations. |
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The Palestinian refugee camps have been under the responsibility
of the Palestinian Authority (PA), but to this day,
it has not used one dime of the billions of dollars in foreign aid
it has received to build permanent housing for the refugees. |
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For the sake of argument, one can claim that the descendants of
Jews who were forced out of Hebron in 1929-1930 by religiously inspired
massacres should have the same right of return or compensation that
the Arab refugees are claiming. |
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In keeping with this example, the return of a few thousand Jews
to Hebron would not affect the demographics of the Arab-controlled
area, whereas the return to Israel of the millions of Palestinians
who claim refugee status would quickly turn Israel into another Palestinian
state.
( See
background ) |
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