P F Tinmore, et al,
Actually, you are asking the wrong question. To pass into customary law, it must have a previous history of being enforced.
• The question is: When was "Right of Return" (RoR) last enforced?
If you repeat misinformation often enough, some people will begin to belive it.
ILOVEISRAEL, et al,
Yes, I agree. Where is the "Right of Return" stipulated in law?
You think maybe now the Muzlems will try to destroy Israel?
Oh wait! They'd be trying to be doing that for 60 years already.
You notice how Muslims suck at almost everything they do?
Including murdering each other?
" Right of Return" is DOA
(COMMENT)
To my knowledge, the "Right of Return" has not become Customary International Law. And clearly, 1948
UN General Assembly Resolution 194 (III), and while it does layout the general stipulation for the "Right of Return" or the alternative compensation for their losses, IT IS NOT INTERNATIONAL LAW.
Most Respectfully,
R
Of course UN resolutions and many legal scholars disagree with you.
Do you have anyone denying the right of return in any other case but Palestine?
(REFERENCE)
•
The Committee for Accuracy in Middle East Reporting, 1 September 2000:
• UN
General Assembly Resolution 194, ratified on 11 December 1948 is not a binding resolution.
• By contrast the
right of return has not passed into customary international law, although it remains an important aspirational human right. Instead, international law gives each country the right to decide for itself to whom it will give citizenship.
• UN
Security Council Resolution 242, does not mention the RoR;.
• Although Arab leaders point to Resolution 194 as proof that Arab refugees have a right to return or be compensated, it is important to
note that the Arab States: Egypt, Iraq, Lebanon, Saudi Arabia, Syria, and Yemen voted against Resolution 194. Israel is not even mentioned in the resolution. The fact that plural wording also is used – “governments or authorities” – suggests that, contrary to Arab claims, the burden of compensation does not fall solely upon one side of the conflict. Because seven Arab armies invaded Israel, Israel was not responsible for creating the refugee problem. When hundreds of thousands of Arab Jews, under threat of death, attack and other forms of persecution, were forced to flee Arab communities, the State of Israel absorbed the overwhelming majority of them into the then-fledgling nation. (
See Voting Record A/PV.186)
• No large scale refugee problem has ever been solved by repatriation, and there are certainly no grounds for believing that this particular problem [the Palestinian refugee problem] can be so solved... The facts we must face force us to the conclusion that for most of the world’s refugees the only solution is integration where they are. (Dr. Elfan Rees,
Century of the Homeless Man, as quoted in Radley, p 611-612)
(COMMENT)
Well there are a couple of examples in the post-WW II era.
"At the conclusion in 1923 of the Greek-Turkish War, harsh treatment of Greek communities in Turkey caused large numbers of these Turkish Greeks to flee their homes. Because of this, the peace treaty between the two sides provided for a mutual exchange of populations – about 2 million Greeks who had been Turkish citizens were relocated to Greece, while about 500,000 Turks who had been Greek citizens were relocated to Turkey. The immoveable property left behind was seized by the respective Governments and was used, in part, to resettle the incoming refugees." (Eyal Benvenisti and Eyal Zamir, Private Claims to Property Rights in the Future Israeli-Palestinian Settlement, The American Journal of International Law, April 1995, p 322)
"The Potsdam Declaration imposed by the Allies following World War 2 provided for the transfer to Germany of approximately 15 million Germans, particularly from those parts of eastern Germany which after the war were allotted to Poland. Under the Declaration the German populations in Poland, Czechoslovakia, Hungary and Austria were relocated to Germany, these German refugees lost title to the property they left behind, and no arrangements were made to compensate them for their losses." (Benvenisti and Zamir, p 322)
"Settlement of the conflict between Hindus and Muslims in British India via division of the region into India and Pakistan required relocation of millions of people. Once again, immoveable property left behind by these refugees was seized by the respective governments to help settle the incoming refugees." (Benvenisti and Zamir, p 323)
I would be interested in knowing were you think the RoR exist in International Law.
Most Respectfully,
R
