Bases for the Palestinian Refugees’ Right of Return under International Law: Beyond General Assembly Resolution 194

Abstract

The legal bases for return can be found in eight branches of international law: (1) inter-State nationality law, (2) law of State succession, (3) human rights law, (4) humanitarian law, (5) law of State responsibility, (6) refugee law, (7) UN law, and (8) natural/customary law. These legal foundations are briefly highlighted here. This article shows that responsibility for the refugee problem lies with the State of Israel and with the international community. The Palestinian leadership cannot be legally held accountable if it reaches an agreement with Israel that does not include the right of return. The utmost that the Palestinian leadership can do is to grant Palestinian refugees its nationality once the State of Palestine is established, to protect them abroad, and to politically defend their right of return.