Palestinian Refugees
The major losers in this war were the Arab Palestinians, 700,000 of whom were displaced during fighting and reduced to refugee status. On Israel’s side, the argument is that they left voluntarily, yet the Israelis never allowed them back, in violation of international law.
The Israelis claimed that the Palestinians’ return would not only destabilize Israel, but would also constitute an internal threat insofar as Palestinians do not recognize the legitimacy of Israel. The Palestinians claimed that they have an inalienable right of return which is guaranteed by the United Nations Charter and the International Covenant on Civil and Political Rights.A debate has arisen as to whether the Palestinians left of their own accord, were encouraged to leave by the Arab states who were waging war with Israel, were purposefully driven out by the Israelis, or were simply fleeing violence, as is the case with most civilian populations caught in the midst of war. The issue is highly divisive since different interpretations of what took place serve to legitimize divergent understandings of the conflict. The Israeli claim suggests that the mass exodus of Palestinians was a purposeful strategy of a hostile population and was based on statements by Arab leaders that the civilian population should move out to allow Arab armies to enter and defeat the Jews. Some Palestinians, Arabs, and researchers in Israel support the position that the advancing Jewish forces sought to purge the territory of as many Palestinians as possible. Many among the civilian population feared acts of extreme violence, as evidenced by the Deir Yasin Massacre in 1948, in which approximately 256 Palestinians, men, women, and children, were slaughtered by the LHY. Other repressive actions and policies by Jewish forces were designed to intimidate Palestinians in order to create a climate of terror and thus force these groups to flee.
Additionally, following the 1948 war, Israel enacted several national laws that blocked the return of Palestinian refugees, including the Emergency Land Requisition (Regulation) Law (1949), the Law of Return (1950), the Absentees’ Property Law (1950), the Land Acquisition (Validation of Acts and Compensation) Law (1953), and the Prevention of Infiltration (Offences and Jurisdiction) Law (1954). Under these laws, Israel legalized the expropriation of Arab land and property. Contemporaneously, however, the Palestinians also engaged in violence against Jews in Palestine. Whatever the reason why the Palestinians left, they have under international law the right to return.The Palestinian refugees of 1948 lived, to the shame of Arab states, in the squalor of segregated camps guarded with suspicion by the governments that hosted them. These refugee camps were set up in Lebanon, Syria, and Jordan, as well as in the Gaza Strip, which was administered by Egypt. Generations of Palestinians were brought up in these squalid camps under conditions of significant deprivation. As refugees, their residence in these communities was understood to be temporary, and their collective hope was directed toward returning to their homeland. In fact, they were ghettoized. Jordan was the only Arab state that absorbed Palestinian refugees into its population, many of whom are now second- and third- generation Jordanians. However, in 1970, Jordan feared the growing political power and autonomy of the refugee camps and the emergence of Arafat’s Palestine Liberation Organization (PLO) as a formidable political and military challenge to the Hashemite monarchy, and unleashed its army against these communities, killing 3,000 to 15,000 Palestinians. This event is known by Palestinians as “Black September.”
A similar situation developed in Lebanon in 1982 when the PLO challenged the national government and ignited a civil war that lasted with varying degrees of intensity for two decades, dividing the nation, and ultimately resulting in the death ofover 170,000 Lebanese.
The Palestinians’ control of parts of Lebanon and their attacks on Israel was the key reason that Israel invaded the country, illegally occupying parts of its territory, and creating a dependent Lebanese militia under the name Southern Lebanese Army (SLA). The Lebanese civil war illustrates the profound destabilizing effect that the Palestine Question has had on other states in the region. The civil war that ensued in Lebanon caused Syria to enter the country initially as a peacekeeping force authorized by the League of Arab States, and to then continue its presence as a de facto foreign occupying force until it was forced to withdraw in 2006. This situation allowed Syria to extend its control over the Shi ‘a-Hezbollah party and its armed faction, which carried out attacks against Israel from southern Lebanon.From 1949 until 1969, the United Nations defined all non-Israeli Palestinians as legal refugees. Characterization changed with General Assembly Resolution 2535 (1969), which recognized Palestinians for the first time as a people with a national identity and collective rights. However, Palestinians still retain a special status in refugee law and fall partially outside the protection of the 1951 convention. The recognition of Palestinian national identity was strengthened in 1974 when the United Nations granted observer status to the PLO and invited PLO Chairman Yasser Arafat to address the General Assembly as if he were a head of state.
Although armistice agreements were signed in 1949, legally the state of war persisted and the absence of peace treaties contributed to four subsequent Arab-Israeli wars from 1956 to 1982: the Suez War (1956), the Six-Day War (1967), the October/Yom Kippur War (1973), and the War in Lebanon (1982).
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