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BADIL
Resource
Center
for Palestinian Residency and Refugee Rights
Announcement of release: BADIL Working Paper no. 10
(August 2005)
DO ISRAELI RIGHTS CONFLICT WITH THE PALESTINIAN
RIGHT OF RETURN?
Identifying the Possible Legal Arguments
For Immediate Release
| No.
(E/27/05) |
19
September 2005 |
Announcement of release: BADIL Working Paper no.
10 (August 2005)
English, 34 pages
ISSN: 1728-1660
DO ISRAELI RIGHTS CONFLICT WITH THE PALESTINIAN
RIGHT OF RETURN?
Identifying the Possible Legal Arguments
Michael Kagan
In this working paper, refugee law expert Michael Kagan develops the idea of
conflicting rights as a means of addressing Israeli objections to
Palestinian refugee return. Rather than explore Palestinian arguments for
the right of return, this paper starts from the assumption that the right of
return exists and must be accepted by Israel in order to reach a just peace
that complies with international law. Instead, this paper aims to identify
and assess separate claims by Jews or Israelis that cannot coexist with
refugee return. Without this separation, any assertion of Palestinian rights
may be misunderstood as a denial of Israeli interests, and vice versa.
Because Palestinians base their right to return in international law, many
Israelis may assume that international law leaves no room for their
concerns. By looking at separate, conflicting rights, the interests of both
sides can at least be acknowledged in the discussion, and both assessed
through the lens of international law. This offers a channel of dialogue for
Israelis and Palestinians who want a just solution to the conflict, and
responds to Israeli intellectuals who have sought to acknowledge the justice
of Palestinian claims while finding alternative reasons for opposing the
full implementation of the right of return.
Kagan attempts to articulate the best case
arguments that can be made under international law for different Israeli
claims, and then assesses the relative strength of each argument. He
concludes that Israelis can make serious arguments to resist specific cases
of property restitution, and perhaps certain methods of refugee return. But
he concludes that the frequently asserted claim that Jews collectively have
a right to separate, exclusive self-determination in a state where they are
the dominant majority has little merit in law.
BADIL working papers provide a means to publish
research and analysis relevant to the debate over rights-based durable
solutions for Palestinian refugees. Working papers do not necessarily
reflect the views of BADIL. Electronic copies of this as well as other BADIL
working papers are published on the BADIL website. Print copies may be
purchased (Euro 5/piece) via internet. Please handle orders via the BADIL
website, or contact:
admin@badil.org
Download and read a PDF file of the working paper
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Palestine
Telefax: 00972-2-2747346
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