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25 - Was Israel Liable for Not Repatriating the Palestine Arabs?

from Part VI - Jewish Statehood on the Ground

Published online by Cambridge University Press:  09 December 2021

John Quigley
Affiliation:
Ohio State University
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Summary

Apart from the issue of forced expulsion, the issue of an obligation to repatriate could have been put to the International Court of Justice. Populations are deemed to have a right to be repatriated when exodus occurs, it was argued. They also have a right to nationality when sovereignty changes in a territory. The United States pressured the Provisional Government of Israel to repatriate. The Provisional Government of Israel denied an obligation to repatriate. It blamed the Arab states for the exodus and said that the populations of displaced Arabs became the responsibility of those states. It said that repatriation while the situation was unsettled would give the Arab states a military advantage. It said that repatriation could be considered only in the context of peace agreements with the Arab states. It said that nationality did not have to be offered to the displaced Arabs because they had shown disloyalty by departing. The General Assembly adopted a resolution calling for repatriation and established a three-nation committee to oversee its implementation.

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Chapter
Information
The Legality of a Jewish State
A Century of Debate over Rights in Palestine
, pp. 209 - 219
Publisher: Cambridge University Press
Print publication year: 2021

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