Argument: A Palestinian right of return would destroy the 'Jewish State' in Israel

If all or a large majority of Palestinian refugees and their descendants were to implement a 'right of return', it would make Arabs the majority within Israel and Jews an ethnic minority. This amounts to abolishing the Jewish people's right to self-determination, which they hold under the 1993 Vienna Declaration. [1] It would also mean eradicating Israel as a Jewish state, which was the intention behind its foundation. The majority of Israelis find a literal right of return for Palestinian refugees to be unacceptable, pointing to this worry that as they become a minority Israel as a Jewish state would be undermined. [2]

Re-enforcing the need for the existence of a Jewish state (as a safe haven for persecuted Jews) is the presence in Israel of 758,000-866,000 Jews who were expelled, fled or emigrated from the Arab Middle East and North Africa between 1945 and 1956, to whom the Arab states which expelled them are not willing to offer any 'right of return' of their own. [3] An open letter to the Palestinian leadership published in 2001 by Amos Oz, A.B. Yehoshua and other Israeli intellectuals and peace activists dramatically demonstrated the agreement even among the 'peace camp' in Israel that a total right of return for Palestinians can never be acceptable to the Israeli people: “We shall never be able to agree”, they wrote, “to the return of the refugees to within the borders of Israel. The meaning of such a return would be the elimination of the state of Israel.” Yossi Sarid, chairman of the Meretz Party, stated baldly that “Israel can survive without sovereignty over Temple Mount, but it cannot survive with the right of return. If the Palestinians insist on it, there will be no (peace) agreement.” [4] Thus asking Israel to recognise the Palestinian right of return is tantamount to asking Israel to accept its own destruction as a state, and is thus totally unacceptable.

There are further reasons that recognising the Palestinian right of return would be fundamentally harmful to Israel's welfare, and thus an invalid action. Article 29 of the Universal Declaration of Human Rights provides that rights can be limited by law solely for securing 'due recognition and respect for the rights of others and of meeting the just requirements of morality, public order, and general welfare in a democratic society.' Article 30 states that nothing in the declaration may be interpreted as permitting any state, group, or person to engage in activity aimed at the destruction of any rights or freedoms guaranteed. The 'rights' and 'general welfare' of Israel's Jewish citizens would be endangered if millions of Palestinians who were openly hostile to Israel's existence became a majority. Article 3 of the declaration further states that "these rights and freedoms may in no case be exercised contrary to the purpose and principles of the United Nations". [5] The Palestinian right of return would result in the loss of Israeli sovereignty and its replacement with an Arab-majority state, and the dismantling of Israeli society in favour of an Arab-Muslim dominated society, resulting in the destruction of a UN member state: a violation of the United Nations Charter. For this reason, a Palestinian right of return is invalidated.

A right of return would also result in a flood of Palestinians stating their 'right of return' as justification for entering Israel at any time and in unlimited numbers and laying claim to old homes. This creates an unworkable legal nightmare, clouded by historical ambiguities. Such an extended legal nightmare would last for decades, and hurt the reconciliation process. [i-[1]

There are many things that Israel can and has offered to Palestinian refugees: compensation, assistance in resettlement, and return for an extremely limited number of refugees based solely on family reunification or humanitarian considerations. But an unlimited right of return for all refugees and their descendants simply goes too far. This is largely because it is purely unworkable to allow millions of Palestinians to return back to a territory that is already overcrowded. [i-[2] [6] For all these reasons, recognising the Palestinian right of return would destroy Israel as a 'Jewish state' and fundamentally harm the welfare of its current legal inhabitants by infringing on their rights, and so Israel should not pursue this recognition.

[1] United Nations World Conference on Human Rights. “VIENNA DECLARATION AND PROGRAMME OF ACTION”. United Nations. 14-25 June 1993. http://www.unhchr.ch/huridocda/huridoca.nsf/%28symbol%29/a.conf.157.23.en

[2] The Economist. "The Palestinian right of return". The Economist. 4 January 2001. http://www.economist.com/node/464892

[3] Schwartz, Adi. "All I wanted was justice". Haaretz/adi-schwartz.com. 4 January 2008. http://www.adi-schwartz.com/israeli-arab-conflict/all-i-wanted-was-justice/

[4] The Economist. "The Palestinian right of return". The Economist. 4 January 2001. http://www.economist.com/node/464892

[5] United Nations. "Universal Declaration of Human Rights". Wikisource. 10 December 1948. http://en.wikisource.org/wiki/Universal_Declaration_of_Human_Rights#Arti...

[6] The Economist. "The Palestinian right of return". The Economist. 4 January 2001. http://www.economist.com/node/464892

Candidate 1: "The Zionist project which led to the state of Israel intended to displace Palestinians from the very beginning, long before the so-called Arab 'aggression' in 1948. Theodor Herzl, who presided the First Zionist Congress, had provided the ideological underpinnings of the Zionist movement in his pamphlet, Der Judenstaat, which was published in 1896. Herzl called for a colonial project for the exclusive benefit of the Jews and suggested that Der Judenstaat would 'form a portion of the rampart of Europe against Asia, an outpost of civilization as opposed to barbarism.' Efforts of the Zionist political movement to implement their project, with the support of the Imperialist Great Powers, in complete disregard to the Palestinian rights and human reality in Palestine, were responsible for initiating and prolonging the conflict in and around Palestine. The establishment of an exclusive Jewish State in a country where the majority of its people were not Jewish meant transplanting Jews from all corners of the world and bringing them to Palestine. Simultaneously, it meant dispossession and ethnic cleansing for the Palestinians. This was, and still is, the core issue in the conflict. All subsequent events are derivative and irrelevant as a consequence. [1]

[1] Sakhnini, Nizar. "The Core Issue". Al-Awda - The Palestinian Right of Return Coalition. 11 July 2004. http://www.al-awda.org/zionists0.html"
Candidate 2: "The characterization of the 1948 Palestinian exodus as forced by Israel is incorrect. In the very same passage quoted opposite, Morris goes on to argue that only "an extremely small, almost insignificant number of the refugees during this early period left because of (Israeli) expulsion orders or forceful 'advice' to that effect". [1] Count Bernadotte, the UN mediator in Palestine, testified that "the exodus of the Palestinian Arabs resulted from panic created by fighting in their communities, by rumours concerning real or alleged acts of terrorism, or expulsion." [2] Thus, Israel is not responsible for acts of flight from Palestine which were largely motivated by imagined fears, which were the cause of almost all the Palestinian refugees, as they were not directly expelled or threatened by the IDF.

The Palestinians of 1948 may have made a tragic choice, for themselves and for their descendants, but this does not make Israel morally responsible for this choice and its consequences, as in almost every case Israel was not to blame, and it is impossible to isolate and identify those few where it may have been. Even if Israel were somehow morally responsible, it does not follow from this that Israel should accept an unlimited Palestinian right of return on the part of every refugee, considering the massive harms this would inflict on the state of Israel (outlined below). Rather, as Israel has proposed in the past, the Palestinians could accept words of contrition from Israel, and generous allocations of international aid, in place of the right of every refugee and his descendants to go back to his old home inside Israel. [3] This would be a more acceptable alternative to Israel, and still help to heal Palestinian wounds.

[1] Morris, Benny. "The Birth of the Palestinian Refugee Problem Revisited". Cambridge University Press. 2004

[2] UN Progress Report, 16 September 1948, Part 1 Section V, paragraph 6; Part 3 Section I

[3] The Economist. "The Palestinian right of return". The Economist. 4 January 2001. http://www.economist.com/node/464892"
Candidate 3: "This argument again assumes that Israel is morally responsible for the current plight of the Palestinian refugees, which is untrue as Israel was not responsible for their exodus (as outlined below). Moreover, it is Arab countries, not Israel, which keep Palestinians in a state of limbo. It is the failure of Arab states to incorporate Palestinians into their societies by offering legal status which keeps the Palestinian refugees in their current indeterminate position, not Israeli policy. Furthermore, self-determination is not an absolute right. Not every territory and region in the world that seeks independence has the right to it. This is due in no small part to the fact that such a system would be unworkable. Certain criteria must be met for a territory and people to obtain a legitimate right to self-determination, including not compromising the fundamental security or nature of the original state, something which recognising the Palestinian right of return would do to Israel. Such policies are often pursued by Arab states explicitly as a tool against Israel: for example, Palestinians who moved from the West Bank (whether refugees or not) to Jordan, are issued yellow ID cards to distinguish them from the Palestinians of the "official 10 refugee camps" in Jordan.

Since 1988, thousands of those yellow-ID card Palestinians have had their Jordanian citizenship revoked in order to prevent the possibility that they might become permanent residents of the country. Jordan's Interior Minister Nayef al-Kadi said: "Our goal is to prevent Israel from emptying the Palestinian territories of their original inhabitants," the minister explained. "We should be thanked for taking this measure... We are fulfilling our national duty because Israel wants to expel the Palestinians from their homeland." [1]

[1] Abu Toameh, Khaled. "Amman revoking Palestinians' citizenship". The Jerusalem Post. 20 July 2009. http://fr.jpost.com/servlet/Satellite?cid=1246443863400&amp;pagename=JPost/J..."
Candidate 4: "Whatever the strengths and weaknesses of the Palestinians' legal case, their foremost argument for a 'right of return' has always rested on a claim of victimhood; this claim is highly disputed (as outlined below). Without this moral culpability on the part of Israel, there is no responsibility to right the situation on the part of the Israeli state.

Moreover, the 'individual' nature of the right of return is not helpful to the Palestinian case: Stig Jagerskiold argued in 1966 that the right of return was intended as an individual and not a collective right: "...[it] is intended to apply to individuals asserting an individual right. There was no intention here to address the claims of masses of people who have been displaced as a by-product of war or by political transfers of territory or population, such as the relocation of ethnic Germans from Eastern Europe during and after the Second World War, the flight of the Palestinians from what became Israel, or the movement of Jews from the Arab countries." [1] The claimed legal 'right of return' was never intended to be invoked by masses of people, which would fundamentally alter the welfare and nature of the state they returned to, and so its use in this way is invalid.

[1] Lapidoth, Ruth. "LEGAL ASPECTS OF THE PALESTINIAN REFUGEE QUESTION". Jerusalem Center for Public Affairs: Jerusalem Letter / Viewpoints. 1 Septemebr 2002. http://www.jcpa.org/jl/vp485.htm"
Candidate 5: "The 1948 UN General Resolution 194 specifically applies the right of return to the Palestinian refugees. Paragraph 11 states "that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible." [1]

[1] United Nations. "UN General Assembly Resolution 194". United Nations. 11 December 1948. http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=108V0691N26Y9.82&amp;men..."
Candidate 6: "The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html"

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html
