Palestinian refugees in international law

Abstract

This thesis is guided by the status and rights of the Palestinian refugees, as they exist in international law, combined with an attempt to establish how these rights might be implemented during negotiations. It shows that a comprehensive peace in the Middle East can be achieved only by promoting universal respect of human rights as the solid underpinning of any peace agreement. The thesis outlines the range of options against the set of legal rights, which currently form the basis of international consensus on the framework for a settlement of the Palestinian problem. The relevant UN Resolutions and principles of international law include the following sets of texts: UN Resolution 194 (1948), Statute of the Office of the High Commissioner for Refugees (1950), Convention relating to the Status of Refugees (1951), and its Protocol (1967), and the Universal Declaration of Human Rights (1948). In particular, the right of return has been established as the consensus of the International Community by being reconfirmed by the General Assembly over 100 times since 1948, and thus provide a valuable starting point. The thesis' research departs from the premise that the individual rights of refugees under international law are not affected by changes in sovereignty, by the longevity of their exile and by the dispersal of refugees throughout the world, by their negotiation away by states party to a peace settlement. The thesis is underpinned by the postulate that any solutions that attempt to resolve the question of Palestinian refugees must satisfy the basic concerns of the communities themselves. The role of the international community with regard to the Palestinian refugees since 1948 has been largely restricted to one of assistance through the role of UNRWA rather than the protection and restoration of refugee rights. This thesis will focus specifically on those rights and the options open to implement these rights. The thesis attempts to revitalise the debate in Malta and Europe surrounding the Palestinian refugees, as well as the issue of their position under international law. It is an eyewitness declaration of visits in Sabra and Shatilla refugee camps in Lebanon, in Yarmouk Camp in Syria and Jabalya Camp in Gaza, where refugees have expressed legitimate fears that, over the course of negotiations in recent years, their individual rights especially the right of return, have been gravely undermined by the interim arrangements agreed. The thesis' overall purpose of is to investigate possible ways in which refugees' rights under international law might be exercised in the context of final status negotiations. From the outset of the thesis, evidence is brought forward of the scale, complexity and sensitivity of the situation facing the 4.2 million Palestinian refugees scattered throughout the world. The role of international mechanisms and legal frameworks are crucial in providing the tools for achieving a last and just solution. The Palestinian refugee crisis, which has lasted for over 50 years, is the key problem as yet unaddressed by all parties to the conflict. Equally, the thesis endeavours to manifest that the Palestinian refugee's saga in international law must be tackled in all its aspects for any chance of a peaceful solution to be negotiated by the relevant parties, and for such a solution to obtain adherence by those parties. The thesis seeks to revamp to a discussion leading to seek both positive and creative proposals, which will be grounded in international law and appropriate democratic mechanisms, in order to provide a source for future discussions on this most urgent issue in the Middle East peace process.