Palestinian Refugees in International LawThe Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within the first Palestinian government. The so-called "Arab Spring" has impacted the life, fate, and legal status of thousands of Palestinian refugees. In international legal jurisprudence, change has been similarly rapid. In 2004, the International Court of Justice delivered a crucial advisory opinion on the Separation Wall, authoritatively elucidating the international legal framework applicable to the Israeli occupation. Numerous international human rights bodies and UN fact-finding missions have added their analysis to the mix. The possibility of the State of Palestine joining the International Criminal Court has spurred discussion relating to the applicability of international criminal law to Palestinian refugees. Clear, compelling, and authoritative, Lex Takkenberg and Francesca Albanese discuss the status quo both on the ground and in the courts, and pose future scenarios to come. |
Contents
Introduction to the Question of Palestinian Refugees and the Second Edition | 1 |
I A Historical Overview of the Palestinian Refugee Question | 17 |
A Distinctive Normative and Institutional Regime | 68 |
III On the Application of International Law to Palestinian Refugees | 127 |
Unpacking an Unsettling Solidarity | 183 |
V Palestinian Diaspora in Europe the Americas Asia Pacifi c and Africa | 269 |
VI Focusing on Specifi c Rights | 325 |
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Common terms and phrases
1951 Convention agency application area of operations Article 1D assistance asylum seekers authorities BADIL citizenship Committee compensation conflict context Court December diaspora discussed in Chapter displaced persons durable solutions East Jerusalem Egypt established framework Gaza Strip host countries human rights humanitarian Ibid international law international protection Iraq Israel Israeli Jewish Jordan Jordanian Journal of Palestine Kuwait LASC res Lebanese Lebanon Libya mandate Middle East negotiations number of Palestinians Oslo Accords Palestine refugees Palestine Studies Palestinian refugee question Palestinian refugees paras peace political population protection of Palestinian referred refu refugee camps refugee status refugees from Syria regime region registered with UNRWA relevant repatriation Report resettlement residence resolution 194 responsibility restitution right of return Section self-determination settlement situation stateless persons Syria tion travel documents Treaty UNCCP UNGA res UNHCR United Nations UNRWA UNRWA's area UNSC UNSC res West Bank