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The “right of return”
The Palestinians have demanded a "right to return" to the
State of Israel's pre-June 1967 lines. This is not anchored in international
law, relevant UN resolutions or the 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. The international resolutions traditionally referred to by
the Palestinians, such as 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. For instance, Resolution 194 calls
for a return of refugees to "live at peace with their neighbors"
–hardly a realistic scenario. It also proposes UN rule over
all Jerusalem and the holy sites. Article 12 refers to individuals,
not a group of people, who left the country as a result of war.
The international community has yielded to political pressure from
Arab regimes and in effect granted the Palestinians an exception from
the internationally accepted definition of a refugee under the 1951
UN Convention relating to the Status of Refugees and the 1967 Protocol
which make no mention of descendants. This exception means that the
vast majority of Palestinian refugees who demand to immigrate to Israel
have never actually lived within the borders of Israel. Moreover,
the exceptional definition of refugees in the Palestinian case includes
any Arab who lived in the area that became Israel for just two years
before leaving. These exemptions have inflated the number of Palestinian
refugees and allowed it to expand over the years from the hundreds
of thousands to the millions.
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