RE: I can not understand the laws regarding 'Right of Return.' The hypocisy seems prodigious. Experts?
※→ P F Tinmore, et al,
Yes, this is your opportunity to teach me.
The Idea of the "Right of Return" stems back to nonbinding
UN Resolution 194 (III) 11 December 1948. It is not a blanket "right" but carries a condition or requirement that is demanded as part of an agreement:
Nice duck.
Resolution194 is based on international law that is binding.
You can't deny people their right to return based on an assumption.
(QUESTION)
A/RES/194 (III) was published in 1948. What "international law"
(are you suggesting) on the matter of the "Right of Return" was the resolution based?
(COMMENT)
Now, there is the Treaty of Westphalia, the precursor to most of the customary law we have today. And
(surprisingly enough) there is in
the Treaty of Westphalia (Peace Treaty between the Holy Roman Emperor and the King of France and their respective Allies) → the original law on the Right of Return.
Article → XLIV.
But for those who are Subjects and Hereditary Vassals of the Emperor, and of the House of Austria, they shall really have the benefit of the Amnesty, as for their Persons, Life, Reputation, Honours: and they may return with Safety to their former Country; but they shall be oblig'd to conform, and submit themselves to the Laws of the Realms, or particular Provinces they shall belong to.
This doesn't really benefit the Arab Palestinians. While the language and syntax may be different, it is broader in its requirements that A/RES/194 (III).
※ It does contain the ideas of:
• return to their homes
• live at peace
✪ It does not contain the ideas of:
• compensation should be paid for the property of those choosing not to return
• compensation for loss of or damage to property
✪ AND there are the additional requirements of:
• shall be obligated to conform
• submit themselves to the Laws of the Realms
The Treaty of Westphalia also documents restitution, compensation, and reparations to the Victory of the Conflict. It would not be in Israels best interest to respond in any way that would suggest or mimic capitulation. That would forfeit any chance of receiving restitution, compensation, and reparations from the Arab Palestinians for the seven decades of asymmetric warfare and the general costs diverted for safety and security in the face of the Arab Palestinian threat. It may well pen the doors to the Arab Palestinians to try a reverse claim.
Most Respectfully,
R