Legal Analysis Of Palestinian Refugees Issue Under International Law

The Arab-Israel conflict has left many serious problems in the Middle East and all over the world as well. This thesis deals with Palestinian refugee problem which is one of the most complicated consequences of the conflict. Palestinian refugees are the people who were forced to go away from their own country because of the broke of war ,till now they are demanding their legal rights , right to return to their own motherland and compensation for their losses. At present there are different opinions about signing in peace agreement between Israel and Palestine .But there must be some fundamental rules before any future peace treaty is signed. The treaty must make sure that the Palestinian refuges get back their legal rights under international law, regardless of their ethnic background, religious or national origins and regardless of the reason behind their exodus. United Nation Resolutions have explicitly confirmed these rights. So for a peace agreement to be fair and durable it must include procedural terms that should be provided in a future settlement in order to ensure the implementation and safeguard of such rights: ·In accordance with international law principles and Resolution 194, refugees are clearly entitled to return to their homes and the restitution of their property. . Return and restitution rights are independent of their right to receive compensation for their losses. ·Defining Palestinian Refugees. Israelis and Palestinians must agree to address the issue of a durable solution of the refugee problem during the permanent status negotiations, a definition for the term. "Palestinian refugee" for the purpose of these negotiations must be developed. ? Free-Informed Refugee Choice. A negotiated agreement must provide guarantees that all Palestinian refugees will be permitted to make a free, voluntary, and achievable choice to exercise their right of return. ? Changes in Domestic Laws. In the case of refugees choosing to exercise their right to return to their places of origin inside Israel, Israel should reform its citizenship and land laws in order to facilitate the return of Palestinian refugees. ? Determining Entitlements .From a legal perspective, the terms of final status agreement should be clear and functional in order to cover the rights of all parties concerned to the largest extent possible. ? Gender Consideration. In establishing legal definition and parameters, negotiators should take into account the gender implications. The determination of the right to repatriation or compensation should not use solely be based on the definition of 'family unit'. ? The Scope of Compensation. Parties will need to agree on a legal standard of compensation in order to establish a fair estimate of losses incurred by Palestinians. ? The Need for a Multilateral Approach. A comprehensive settlement scheme will allow Palestinians present in host States, Israel and third States to have equal access to the established mechanisms in order to present their claims. This will allow the various stakeholders to present their views and participate in any mechanism affecting the rights of Palestinians residing in their territories. This should include Arab host States, Israel, and the Palestinian Authority, in addition to any third-countries included in a resettlement scheme, as well as donor countries and international organizations. ? The Need for an International Protection Body. An international protection body is necessary to verify refugee choice and ensure its implementation throughprocedures set forth in an agreement between the host country, the country of origin, and the protection body. ? Establishing Titles (evidentiary issues). UNRWA's definition of refugee should not be determinative of eligibility for individual rights claims, its expertise, data and archives will prove invaluable in any likely set of compensation arrangements. Similarly, the role of UNCCP can be revived to make use of its available data and resources. ? The Need for an "Independent"Claims Mechanism. There is a need for an accountable, transparent and efficient mechanism that would also avoid unnecessary bureaucratic delays or unfair treatment of claims. ? The Nature of Mechanisms. Mechanisms in a final settlement should assure individuals due process and fair treatment of their rights. ? The Role of the International Community. The United Nations and its organs, donor-countries and non-governmental organizations can play an important role in ensuring the safeguard and fair implementation of individual rights.