Repatriation of the Displaced Arabs of Palestine: The Legal Requirement as Seen from the United Nations

Abstract

Israel and the PLO agreed in 1993 to negotiate on the basis of UN Security Council Resolution 242 of 1967. One of the issues to be negotiated is the situation of the Palestinians displaced in 1948 from territory that became Israel, many of whom seek to be repatriated to Israel. Resolution 242 calls for a just settlement in regard to these people. The PLO construes that phrase to mean that Israel is required to repatriate them, along with their descendants. Israel construes just settlement to permit a variety of options. The article examines the UN's handling of the issue of the displaced Palestinians between 1948 and 1967 and concludes that the displaced Palestinians were regarded as being entitled to repatriation to their homes in Israel. The article examines the drafting history of Resolution 242 and concludes that the states adopting it used the phrase just settlement in this sense.

Keywords: repatriate, Camp David, West Bank, Gaza, refugee

JEL Classification: F22, H56, K33, N45