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9 - The Arab Refugee Problem

Published online by Cambridge University Press:  21 April 2022

Robbie Sabel
Affiliation:
Hebrew University of Jerusalem
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Summary

The Arab claim is that the Palestinian refugees were illegally expelled by Israel or fled from fear of illegal Israeli actions. The Israeli position is that the refugees fled because they were caught in an armed conflict caused by the aggression of Arab armed attempts to prevent the creation of a Jewish state. As to a “right of return,” the Arab position is that such a right exists in international law, and although many refugees may not wish to return, they have the right to do so. The Israel legal position under international law as being that neither under the general international conventions, nor under the major UN resolutions, nor under the relevant agreements between the parties, do the Palestinian refugees have a right to return to Israel. There does not appear to be any legal precedent or the claim that descendants of refugees also have a right of return. In accordance with international law, the refugees are entitled to be compensated for property they left in Israel. The Jews who fled Arab States are also entitled to such compensation; Israel’s position is that such mutual claims will have to be negotiated in a multilateral forum.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • The Arab Refugee Problem
  • Robbie Sabel, Hebrew University of Jerusalem
  • Book: International Law and the Arab-Israeli Conflict
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781108762670.010
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  • The Arab Refugee Problem
  • Robbie Sabel, Hebrew University of Jerusalem
  • Book: International Law and the Arab-Israeli Conflict
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781108762670.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Arab Refugee Problem
  • Robbie Sabel, Hebrew University of Jerusalem
  • Book: International Law and the Arab-Israeli Conflict
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781108762670.010
Available formats
×