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18 Ariz. J. Int'l & Comp. L. 979 (2001)
The Controversy of a Palestinian Right of Return to Israel

handle is hein.journals/ajicl18 and id is 991 raw text is: THE CONTROVERSY OF A PALESTINIAN RIGHT OF RETURN TO ISRAEL Tanya Kramer I. INTRODUCTION The birth of modem day Israel was a result of the yearning and commitment of the Jewish people to return to the land that is sacred to their history and religion. However, the inception of the State of Israel led to the displacement of hundreds of thousands of Palestinians who were living on the land that became Israel and who now long to return. Consequently, the history of the new state has been marked by a conflict between the Israelis and the Palestinians, each believing that the land is rightfully theirs. The issue of Palestinian displacement has been unresolved for over fifty years and may not be close to a final resolution. One of the main reasons for the lack of resolution is that the Israelis and the Palestinians have conflicting views on the matter. First, the two sides have conflicting historical assessments of Palestinian displacement and the refugee issue. Second, there is disagreement over the existence of a right of return of Palestinians to the land that is modem day Israel. The Palestinians believe that they have a right of return and that international law supports such a right. Meanwhile, the Israelis assert that Palestinians do not have a right of return under international law, or if there is a right, it does not apply to the case of the Palestinian refugees. Moreover, the various international law sources that purport to embody a Palestinian right of return are often ambiguous and open to different interpretations. This Note analyzes, both historically and legally, the perspectives of Palestinians and Israelis concerning a Palestinian right of return to Israel. It takes the position that, although there may be a principle of return in various international documents, a Palestinian return as a matter of right is not clear and is subject to different interpretations. Furthermore, the Note concludes that future negotiations between Israel and the Palestinians should focus on the creation of a Palestinian State in the West Bank and the Gaza Strip. Already, the focus of the international community has shifted from a right of return to Israel itself to the principle of self-determination and a limited right of return to a portion of Palestine-the West Bank and Gaza Strip. Section II of this Note presents a historical overview of the conflict, from its origins to the attempts at compromise. Section III analyzes the conflicting views of the Palestinians and Israelis with regard to their shared history. In Candidate for J.D., University of Arizona James E. Rogers College of Law, 2002; B.S., Georgetown University, 1996. I thank Carol Lean and Jerry Bien-Willner for their assistance and advice.

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