Opinion
No right of return
Jerome M. Segal
Published: 22.03.07, 00:45
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1. Will there be compensation to Israel from the Arabs
aaron ,   la jolla, CA   (03.22.07)
for the war they declared on Israel in 1948 to drive the Jews into the sea, and for which the Jews exercised their right to self-defence? Further, since several high ranking Arab officials acknowledged after the 1948 war that the Arab states created the refugee problem, will Arab states be willing to compensate them -- and even finally grant them citizenship? And gosh, even move them out of refugee camps and into decent housing? One can only dream. Certainly, the Arab states themselves would not consider ejecting their brothers, and crowd them into Gaza and wherever they can build in the West Bank, would they? They are brothers, right? Right? Hello? You still with me, here?
2. To Mr. Siegel
Marlene ,   New York City   (03.22.07)
If the Palestinian refugees have no right of return under Resolution 194 which is actually based on Resolution 181 which never provided for their expulsion, but rather the choice of citizenship in the state that they already lived in, then Resolution 181 should be considered null and void as well.
3. Let us apply the same standards
Marlene ,   New York City   (03.22.07)
Mr. Siegel claims that there is nothing in Resolution 194 that mentions the Palestinian "right of return." There is also nothing in Resolution 181 that mentions "Israel's right to exist". In fact, "Israel" is not even mentioned once, but rather Palestine. Yet how often do we hear that Palestine never even existed nor do Palestinians. Therefore, on that basis, Israel has no rights to ask the world to recognize its existence. If you want to play the word game Mr. Segal, it can be applied elsewhere as well, and not where you choose to use it.
4. So where U want Them To Go.
1.5 Billion Muslims   (03.22.07)
Reality Check, world
5. Listen to this braintrust
Steven ,   San Francisco   (03.22.07)
tell Israel what is good for her. He's bending over backwards to please the Arabs and his leftist constituency by playing with words. Certainly he doesn't care two cents about Israel and has no idea what the Jewish State represents. It's the old cliche: With friends like this who needs enemies?
6. Excellent analysis. Thankyou!
Adamush   (03.22.07)
7. Old claims must be abolished to reach understanding
Ariel ,   Haifa, Israel   (03.22.07)
Here we are, almost 60 years into our Israeli state, and by repeating old claims both sides gained nothing. The Israeli-Palestinian conflict of Interest should be resolved in today's context, and from a wide point of view. What do you think about an Israeli compromise on historical privileges of the land along with a Palestinian compromise on the Right of return?
8. marlene
ely ,   usa   (03.22.07)
marlene-marx;lenin?
9. Right of Return
Feras ,   Canada   (03.22.07)
Israelis claim that Palestine is their homland after thousands of years to return to. Then it make sense that the Palestinian to go back to their home land after 50 or 60 years. Anyway you people are well known about argument but I would like to assure you that wherever we go or whatever it will take we will never forget and we will be back for sure. we believe in this generation after generation.
10. WE WILL RETURN
samir ,   Palestinian refugee   (03.22.07)
the right of return doesn’t need resolutions. you removed people from their homes they have to return. the Jews claimed that they wee removed from Palestine thousand of years ago and there was no UN resolutions to give them the right to go back. so give me a break because WE WILL RETURN.
11. Ridiculous
NedRamallah, oPt ,   Ramallah, oPt   (03.22.07)
This is utterly ridiculous. Israel actively tried to devoid all UN resolution of its meaning and now you say it is not practicable? well, guess what: it is! if Israelis were genuine in solving the conflict, they would not accept to live on the lands which they practically stole from these refugees. And, under international law, third or fourth or tenth generation of refugees are still refugees. So those who still live in leabanon, syria, palestine, israel and jordan or anywhere else, have a right to their property!
12. My good friends!
Ariel ,   Haifa, Israel   (03.22.07)
Look, I'm now 27 years old, and I thank my mother for growing me up to this conflict without prejudice. I know many people were driven from their homes, arabs and jews, and many can be blamed for it - jews certainly included. But what I'm saying is that we have to put the past behind and look for a better future together, side by side. I think I understand you, Feras and Samir, and I would be glad to be your neighbour and friend. Two states living together in this land of fighting. Maybe other Israelies and Palestinians think like me? Let's hear you.
13. to Ned (hope the name's right)
Ariel ,   Haifa, Israel   (03.22.07)
You are right! Palestinian refugee have to live in their homes, to live in this land. Now think of the Jews forced out of their homes in Europe and you have a decent counter-claim by Israelies. So this way of thinking doesn't help the situation very much. Similarly this article way of thinking is to me dangerous and also absurd - What does it matter how the UN resolution is pronounced? The problem it tried to resolve and the spirit of it is very clear. So let's try to understand one another instead of this endless rivalry. See what I wrote to Feras and Samir.
14. 11Ridiulous
Serge ,   Canada   (03.22.07)
Third etc generation of refugees are refugees under international law? What law? Don't be ridiculous!
15. Dear 10 Samir
Jerred   (03.22.07)
You declared war agains us in 1948You lost and got humiliated. Now you seek to steel all we built with blood. Don't delude yourself and your children: that's not going to happen!
16. both an individual and collective right
vijaya   (03.22.07)
The right of return is both an individual and collective right of the Palestinian people. The fact that Israel is concerned with demographics and security does not extinguish that right. Practically speaking,that right,also called repatriation, has been successfully applied in recent times,in former Yugoslavia in the 1990s.In 1995 the president of Estonia offered to repatriate Baltic Germans,including their descendants forced out of Latvia and Estonia,by Soviet-German agreeements made in 1939.Thousands of Crimean Tartars,forced out in 1944 were allowed to return with descendants,even though their homes and towns no longer existed and despite the influx of other populations in the interveningperiod of 50 years. This means that Israel can and must allow for the right of return,otherwise the disaffected population can press against the government of Israel or take their case to the appropriate human rights organisations. So far Israel has continued to ignore the U.N. calls for right of return and continues to this day to build settlements on Occupied Territory. This is a clear injustice. Whatever Mr.Segal's good intentions there cannot be Peace without Justice.
17. since when
(03.22.07)
Since when you respect UN resolutions ??
18. An important ommission
ash ,   gush etzion   (03.22.07)
the resolution never mentions the term 'palestinians' and a look at the discussions prior to the resolution shows that many of the authors intended refugees to mean jewish aswell as arab. thus jews who were pushed out of their homes in the arab world and those pushed out of their homes over the green line are just as capable of identifying as refugees according to the resolution. a final note should be made that neither UN Security Council Res 242 nor UN General Assembly Res 194 are binding. No General Assembly resolutions are binding and only Chapter VII of Security Council resolutions are binding which 242 was not put under. So neither of these resolutions are anything more than advisory positions.
19. #4. Mr 1.5 Billion
Sam ,   Newcastle, UK   (03.22.07)
Hi The answer Mr 1.5 Billion to where do the Palestinian refugees go is blindingly obvious. To Palestine. Just as the almost 1.5 million Jews were displaced from Arab lands at the same time and went to Israel and the West with ALMOST NOTHING, many stateless, leaving behind businesses, homes and centuries of ties. So its a little rich claiming right of Palestinian refugees to Israel and not Palestine. All this is is a red herring, an excuse to perpetutate this tragedy of Israel/Palestine by Hamas controlled by their vile and filthy paymasters in Iran. Its quite sad
20. To J.M. Segal. Great Analysis. Job Well Done.
Maansingh ,   The Netherlands   (03.22.07)
The analysis of UN Resolution 194 of the year 1948 which you give in points 1 till 5 is of superb quality. Great job. Well done.
21. right of return taken and not givin
osama ,   jerusalem   (03.22.07)
no one will give rights, only if the right owner have power then he have right, the theory of the life,
22. To Ash #18. Very Important Info.
Maansingh ,   The Netherlands   (03.22.07)
You write :"No General Assembly resolutions are binding and only Chapter VII of Security Council resolutions are binding which 242 was NOT put under". Ash, thank you very much for your VERY important additional info.
23. THE GREAT THIRD EYE
Atilla Karagözoğlu ,   Istanbul   (03.22.07)
UN is not indepandance organization as long as we dont have an active one, we wont have THE GREAT THIRD EYE. I have many great projects for an active new UN. They need a leader who will CREATE VERY SERIOUS NONE STOP WORK. They also must have A SPECIAL UN FORCE (an army ) it would be great to rule that army for peace. I would do that. I got enough age and experience. but who cares my projects. Lets see.
24. General Assembly Resolutions are recommendations only.
Gee ,   Zikron Yaakov   (03.22.07)
UN General Assembly Resolution 194 is a recommendation only. That is according to the UN Charter. Article 11 The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.' Article I, Section 7 Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll. So in other words UNGA Res 194 violates the UN Charter. It has no meaning period.
25. resolution 242
lakshmi   (03.22.07)
While it is true that resolution 242 was not put under chapter 7,the U.N,both the Security Council and the General Assembly have repeatedly asked Israel to withdraw to the pre 1967 borders. In 1980 the Security Council called for an unconditional withdrawal. It must be noted that Israel is the only state in the world that has not indicated clear borders. The discussions in the U.N. have been about Palestinian refugees,not Jewish ones. Ever since the birth of Zionism in the 19th century,Jews have not wanted to come to Israel as such.Other places were mentioned. Even after 1948 many preferred to go to Britain or America.And today,other than offering financial and moral support to Israel,world Jewry has not been interested in returning to Israel. In any case, today in the 21st century, it is important that the Occupation end.And that Palestinians can return to their homeland from which they had been expelled.Only then can we say that words like human rights,peace and justice have a real meaning. Militarism and power must be trumped by the rule of law and humanity.
26. Why haven't the Arab states provided for the refugees?
Ar   (03.22.07)
Israel did to all the Mizrahim who numbered more than the displaced Arabs at the time(950,000 to at most 500,000) Palestinians, why should you be compensated and have right of return when ME Jews thrown out of Arab countries have no right to return nor be compensated??? Put something on the table! I am interested to what Arabs/Leftists whoever has to say about that
27. SORRY NO RETURN
Joseph   (03.22.07)
The demand for the right of return attests to the fact that the Palestinian people are not trying to establish a Palestine that will live alongside Israel, but rather strive to establish a Palestine that will replace Israel. Weaken Israel, put Israel to death and inherit it.
28. Reasonable analysis...
Joshua ,   Jersey City, USA   (03.22.07)
...but I think that the response it has received from some of the Israel bashers shows why its a problem. The Palestinian position on "return" stems from a grossly distorted view of both relevant UN resolutions and international law generally (not to mention a fabricated version of history). The problem is that whenever Israel has tried to make any concession or grant anything to the other side, the other side uses that concession not as a bridge to peacemaking but as an attempt to gain diplomatic and political leverage. So saying "yes, we will resolve the refugree crisis within the parameters of UNGA 194" simply concedes to much, becaue the Palestinians and their allies have, over decades, misinterpreted that resolution to make a discussion of it meaningless. The ultimate problem is that Mr. Segal's analysis assumes a level of good faith on the other side that doesn't exist.
29. #10 Ok but now sit out your 1950 years
Lee   (03.22.07)
You can come back when it's your turn again.
30. some myths
sara   (03.22.07)
I have been reading the talkbalk to Mr.Segal's article and find a great deal of racism against the Palestinians both in the language used and the substantive arguments. Some myths that are being propagated are: 1.There were no Arabs in Palestine when the Jews were brought from Europe and other parts of the world to be settled in Palestine.Actually,there was a large Arab population in historic Palestine.And these were the hard working Arab peasantry who worked the land from dawn to dusk like peasantry in all parts of the world. 2 This indigenous population(the Palestinians) were driven from their homes and villages during the 1948 war as deliberate policy.Historian Ilan Pappe's book The Ethnic Cleansing of Palestine states clearly that the ethnic cleansing was a deliberate preplanned act when armed Jewish soldiers drove the villagers out at gunpoint,fire bombed their houses.lobbe grenades into homes and shot at fleeing villagers. The Jewish leadership had marked out the villages. 3.That Jerusalem belongs only to the Jews.One commentator in this series talks of Jerusalem,the undivided eternal City of the Jews. The problem here is that Muslims also consider Jerusalem their holy city,since Mohammed ascended to heaven at the site of the Al Aqsa Mosque in Jerusalem(No, I am not Muslim,merely an observer from the international community). 4. That Israel is the so called Peace Partner.Far from it.In every instance Israel has stonewalled because it saw negotiations as not in their interest. 5. That the right of return of Palestinian refugees is a sinister plot hatched by Hamas ,backed by Iran. The Palestinians,in fact,of all political stripes,have been deeply attached to the Land and their resistance comes from the Land. And the U.N. since 1948 have called on Israel to withdraw from the Occupied Territories. The sooner Israel realises that its militarism(aided by the world's Super Power) and its brutal Occupation will not defeat the will of a determined people,the better both for Palestine and Israel and for all of us in the international community. This has been the longest conflict in modern history and it must end,as impartial observers of the conflict have noted, in Peace and Justice. That can start to happen only when Israel withdraws and thus opens the way for other negotiations.
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