7. Scope of the study

The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

The main goal of this book is to record as much of the Palestinian refugees' political history as possible. The author is becoming increasingly aware of the ebb and flow of general interest in the refugee issue and the strong possibility of subsuming that chapter in the larger Palestinian story. As the PLO itself moved further and further away from the refugee constituency, it became necessary to examine and define the impact of the refugee issue on the larger Palestinian political picture, for indeed, as it turned out, they were always a tremendous influence on the course of Palestinian and Arab history. Although they lost their leadership positions within the PLO, as the latter became increasingly elitist and bureaucratic, the powerless refugees apparently never lost the means to influence the course of Palestinian history. This book relies heavily on early State Department dispatches, Israeli Foreign Office correspondence, early accounts of the stirrings of a refugee movement in Jordan and declarations, statements and studies of the Badil Research Centre and some right of return groups. Also investigated is much of the known literature to emerge from the secretive Oslo negotiations and the reverberations produced by their deliberations throughout the Palestinian diaspora. The resilience of the refugee question should never be questioned or declared until one of two things happened: either the obliteration or dispersal of concentrated refugee communities became a reality or the Palestinian refugees accepted a resolution of some kind or another.

'.. this work is intended to provide an in-depth analysis of each and every provision of the 1951 Convention and its 1967 Protocol. Special contributions on topics that cut across various provisions or that provide an overview over developments in certain regions of the world complement this Commentary.'

This well-established and widely-respected "Yearbook," is a primary source of information on significant and topical legal issues relating to the Palestinian territories. It provides, in a single annual volume, not only leading articles on topics of major interest to the international legal community, but also key legislation, court decisions, legal cases, treaties, reslolutions, special reports, and other relevant legal material translated from the original Arabic or Hebrew into English. The 11th volume of "The Palestine Yearbook of International Law" is devoted specifically to the question of Palestine refugees and includes: - a comparison of the international legal framework designed to protect refugees with the framework already established for the protection of Palestinian Refugees, - an examination of the various pieces of legislation enacted to 'legally' confiscate Palestinian lands, - raising the question as to how the plight of Palestinian refugees may be addressed in the international legal system, - legal precedents regarding refugees, includiing the Dayton accord and UN Resolutions, -various agreements signed over the course of the past year, - a detailed bibliography of books, monographs and articles, - a comprehensive index. This new volume, as with its predecessors, will be an invaluable source of reference and record on the complex legal issues relating to the Palestinian territories, and will be of prime interest to legal practitioners, researchers, scholars and anyone involved in law, politics, human rights or international relations who has an interest in this region.

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Exploring the evolution of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), this book fills a lacuna in literature on the agency. UNRWA and Palestinian Refugees employs recent fieldwork in order to analyse challenges in programmes and service delivery, protection, camp governance, community participation, and camp improvement and reconstruction. The chapters examine the way UNRWA is adapting to a changing social, political and economic context, mostly within urban settings – a paradigmatic shift from understanding the Agency’s role as simply a provider of relief and services to one comprehensively supporting the human development of Palestinian refugees. Examining the refugee debate using new disciplines and research frameworks, this collection aims to emphasise the centrality of the Palestinian refugee issue for Middle East peace-making and to contribute a better understanding of a unique agency. This book will be a useful aid for students and researchers with an interest in Middle East Studies, Politics, and the Israeli-Palestinian conflict.

Finding a solution to the issue of Palestinian refugees has remained the main hurdle for an Israeli-Palestinian peace settlement. This book represents a comprehensive political analysis of the Palestinian refugee issue. It tackles the matter on four dimensions. First, the historical context of the Palestinian exodus in both 1948 and 1967 is reviewed. Second, the question is traced whether there exists a Palestinian right of return according to international law. Third, an examination is presented regarding how and why the issue of refugees has remained a stumbling block during the Israeli-Palestinian peace talks. Fourth, the main part of the book analyses potential solutions to the refugee question, complementing the existing proposals with models developed by the author. What are their implications for both sides? What are the advantages and disadvantages of each proposal to Israelis and Palestinians, respectively? What is the relevance of each proposal as a mutually acceptable solution? Finally, a set of recommendations and guide-lines for future Israeli-Palestinian negotiations on refugees is presented. Overall, this study constitutes a valuable reference for anyone interested in a solution of the most intractable aspect of the Israeli-Palestinian conflict.

Encompassing history, politics, and political culture, Bowker grapples with fundamental issues of Palestinian identity in the context of the peace process.