The right of return: its application to Palestinian refugees

It is an open secret that the cause of the suffering of millions of Palestinian refugees for the past 51 years is the state of Israel for it is this state that, in disregard of all the relavant norms of international law, has adopted a wrongful policy of ethnic cleansing' - a policy that is des...

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Main Author:	Ishan Jan, Mohammad Naqib
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2005
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/26092/ http://irep.iium.edu.my/26092/1/The_right_of_return_its_application_to_Palestinian_refugees.pdf

id	iium-26092
recordtype	eprints
spelling	iium-260922012-11-06T09:41:10Z http://irep.iium.edu.my/26092/ The right of return: its application to Palestinian refugees Ishan Jan, Mohammad Naqib KZ Law of Nations It is an open secret that the cause of the suffering of millions of Palestinian refugees for the past 51 years is the state of Israel for it is this state that, in disregard of all the relavant norms of international law, has adopted a wrongful policy of ethnic cleansing' - a policy that is designed to replace the Palestinians with Jewish migrants from all over the world - which has made the Palestinians endure for a very long period of time the injustices of forcible displacement from their homes that has no precedent in modern history. Israel, by making the Palestinians refugees and by inviting the Jews from all over the world to settle in the native Arab lands, has committed an internationally wrongful conduct for which she is responsible under international law. The international community, incliding the United Nations, must enforce the law in this regard by taking certain measures that aimed at not only stopping Israel from further carrying out her internationally wrongful conducts but also compelling her to rectify the wrong that she has already committed. The best way to rectify the wrong she has committed, as explained in this paper, is to restore the status quo which the Palestinians were in before the wrong was perpetrated. Restitution is possible only if the right to return of the refugees is implemented and the state of Israel is under an international obligation to allow the voluntary return of the refugees. The right of voluntary return to ones own home in his homeland is based in law. In the case od Palestinian refugees, this right not only has its basis in law, but also in justice, in equity, in history and in their ancestral tie with their homeland. Thus, the international community in general and Israel in particular, have a duty to ensure the safe and voluntary return of the Palestinian refugees to their former homes and for those who wish not to return, approriate and adequate compensation must be paid to them. International Islamic University Malaysia 2005 Article PeerReviewed application/pdf en http://irep.iium.edu.my/26092/1/The_right_of_return_its_application_to_Palestinian_refugees.pdf Ishan Jan, Mohammad Naqib (2005) The right of return: its application to Palestinian refugees. IIUM Law Journal, 13 (1). pp. 27-51. ISSN 0128-2530
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Ishan Jan, Mohammad Naqib The right of return: its application to Palestinian refugees
description	It is an open secret that the cause of the suffering of millions of Palestinian refugees for the past 51 years is the state of Israel for it is this state that, in disregard of all the relavant norms of international law, has adopted a wrongful policy of ethnic cleansing' - a policy that is designed to replace the Palestinians with Jewish migrants from all over the world - which has made the Palestinians endure for a very long period of time the injustices of forcible displacement from their homes that has no precedent in modern history. Israel, by making the Palestinians refugees and by inviting the Jews from all over the world to settle in the native Arab lands, has committed an internationally wrongful conduct for which she is responsible under international law. The international community, incliding the United Nations, must enforce the law in this regard by taking certain measures that aimed at not only stopping Israel from further carrying out her internationally wrongful conducts but also compelling her to rectify the wrong that she has already committed. The best way to rectify the wrong she has committed, as explained in this paper, is to restore the status quo which the Palestinians were in before the wrong was perpetrated. Restitution is possible only if the right to return of the refugees is implemented and the state of Israel is under an international obligation to allow the voluntary return of the refugees. The right of voluntary return to ones own home in his homeland is based in law. In the case od Palestinian refugees, this right not only has its basis in law, but also in justice, in equity, in history and in their ancestral tie with their homeland. Thus, the international community in general and Israel in particular, have a duty to ensure the safe and voluntary return of the Palestinian refugees to their former homes and for those who wish not to return, approriate and adequate compensation must be paid to them.
format	Article
author	Ishan Jan, Mohammad Naqib
author_facet	Ishan Jan, Mohammad Naqib
author_sort	Ishan Jan, Mohammad Naqib
title	The right of return: its application to Palestinian refugees
title_short	The right of return: its application to Palestinian refugees
title_full	The right of return: its application to Palestinian refugees
title_fullStr	The right of return: its application to Palestinian refugees
title_full_unstemmed	The right of return: its application to Palestinian refugees
title_sort	right of return: its application to palestinian refugees
publisher	International Islamic University Malaysia
publishDate	2005
url	http://irep.iium.edu.my/26092/ http://irep.iium.edu.my/26092/1/The_right_of_return_its_application_to_Palestinian_refugees.pdf
first_indexed	2023-09-18T20:38:54Z
last_indexed	2023-09-18T20:38:54Z
_version_	1777409231945728000

The right of return: its application to Palestinian refugees

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