P F Tinmore, et al,
You always mix up your timeline. And, you misrepresent what I've said.
RoccoR said:
Arab Palestinians not in place on 15 May 1948 are NOT Israeli Citizens.
That is not what the law says. The Palestinians who's residence was inside what became Israel automatically became Israelis.
Being temporarily away from home does not change their place of residence.
III.
8.
a. In all cases of State succession, the successor State shall grant its nationality to all nationals of the predecessor State residing permanently on the transferred territory.
b. Such nationality shall be granted without any discrimination in particular on the basis of ethnic origin, colour, religion, language or political opinions.
c. Those persons to whom this nationality has been granted shall enjoy perfect equality of treatment with the other nationals of the successor State.
(COMMENT)
First off, the
DECLARATION ON THE CONSEQUENCES OF STATE SUCCESSION FOR THE NATIONALITY OF NATURAL PERSONS was adopted by the European Commission for Democracy through Law at its 28th Plenary Meeting, Venice,
13-14 September 1996; that is 48 years after the Independence of Israel, more than a quarter century after the 1967 Six-Day War, 23 years after the 1973 Yom Kipper War, 17 years after the Israeli-Egyptian Peace Treaty (1979), and a year after the 1995 Peace Treaty with Jordan - and the Oslo I Accord. Whatever you interpret it to say,
it is not retroactively applicable to events prior to its adoption. You cannot apply a modern law to a historical event.
Second, there are no refugee Arab Palestinians from Israel in either the West Bank or Gaza Strip. Under
Article 1C(3) of the UNHCR Convention Relating to the Status of Refugees, the "Convention shall cease to apply to any person falling under the terms of section A if: (3) He has acquired a new nationality, and enjoys the protection of the
country of his new nationality." In 1988, the sole representative of the Palestinian People, declared independence. And the Arab Palestinians, no matter their point of origin, automatically became citizens of the State of Palestine.
(Note: This does not negate compensation, restitution, reparations, or tort civil claims.) This is without regard to the the UNRWA Consolidated Eligibility and Registration Instructions (CERI) currently being applied.
Third, the Jewish State of Israel did not exist until 15 MAY 1948. Any Arab Palestinian living in Israel after that date assumes, automatically, Israeli citizenship. Refugees that migrated prior to the establishment of the State cannot retroactively assume Israeli citizenship for a state that did not exist at that time prior.
Fourth: The prohibition against "mass nationalization" prohibits Israel
(the Occupying Power) from extending forced citizenship upon the Palestinians
(the occupied protected constituency). It does not prohibit the Arab Palestinians, which exercised their right to self-determination, from establishing their own State, Nationality and Citizenship.
Finally, the Israelis, in 1967, did not exile any Arab Palestinians.
There was a refugee migration during the Civil War (1947-48), and a migration during the War of Independence (1948-49). But again, there are no standing refugees in the State of Palestine.
Most Respectfully,
R
What you call a "refugee migration" was in part a deliberate driving out by Israeli's of Palestinians who then became "exiled". This was not just a "migration" - it was a deliberate planned effort.
Very few palestinians were forced out by the Israelis in 47-48. Arab news, radio and leaders told stories of what would happen to them in they stayed, they made promises of rewards after the Israelis were forced out or killed, They warned the palestinians to move out of the way to avoid be casualties so the arab armies could clear out the area of israeli/jews.
Of the arab villages that harbored fighters or engaged in terrorism against the Israelis, some of the were forced to leave. Of the palestinians that stayed where stories of "atrocities" were spread by those from the outside, there have been clarifications by the arab Israelis denouncing that any abuse took place. Stories of rape were proven to be propaganda. Stories of mass executions were proven to be just more lies to incite the refugees or scare those wanting to return from trying to do so.
What is little reported amongst all the abuses of palestinians is how many dies because Syrian tanks did not wait for the refugees to move off the roads, or how many palestinians were killed to prevent them reaching Syria, Jordan or Egypt. You don't hear about the conditions they lived in as refugees in the host states. You don't hear about how many are killed or jailed for criminal activity within those states. You don't hear about the terrorist training not just of palestinians but of terrorist from around the world. You don't hear about the gun and drug enterprises carried out by the palestinians. Few really understand the atrocities carried out against the host states. How many assassinations, massacres, bombings, attacks or even the internal fighting among the various factions within the camps or how they mistreat their own people.
People exaggerate the few villages where palestinians were forced to leave as a blanket policy planned and executed across what became Israel. That was not the case. Some of those villages had been involved in attacks of jews farm communities or were part of the attacks on relief convoys during the siege of Jerusalem.
Half the arab stayed and became part of Israel. They enjoy more rights and privileges than most arabs to do in their own countries. They participate in government. They speak out. They engage in peaceful protest. They enjoy education and medical coverage. They enjoy higher wages. They can move freely within Israel. They vote. They have freedom of religion. They are mostly connected to pubic works and if needed get social services. They are free to travel outside the country, except to arab countries that do not recognize Israel.
Palestinians were asked to stay by the incoming Israeli government, but they chose to leave. Israel has accepted a lot of palestinians back and offered to take in even more. They won't take them all back of the generations of refugees with no no valid property claims. The won't take back terrorists or those involved in activity against Israel. They won't take back criminals.
Israel took in 800,000 refugees from around the MENA but those same countries would not take in palestinians refugees.
It is incorrect to blame Israel for forcing the palestinians to leave their homes when only a few were forced to move for hostilities or in some cases after the war to relocated because of public works, military, roads, etc.
At most a few thousand were "forced" to relocate. There was not "force" that made 600,000 refugees leave the country.
There have been hundreds of books with documentation and references about what really happened. There is only so much that has been used or scanned that is free on the internet. There is always the library to get more information. There are documentaries, TV and radio reports. There are even articles in the arab press about how scare tactics were used to create falsely create the refugee problem and how the arab states have take decades to accept their part in the tragedy. Information is there if you want to accept it, be it Israel, arab or western sources.
There are even papers, books and dissertations that can be accessed through university libraries that are not available for free on the net.
The lazy or ignorant person will expect others to do all the work to prove or disprove what they claim instead of do the the work themselves. They use questionable sources, misinformation propaganda that took them a few seconds to copy and paste as fact on forums like this. So much has been present to support certain claims by a particular side while others use lies and hate mongering instead. Some offer reason and logic to explain or suggest options, while others make excuses, whine and attack others that try to offer up some balanced truths.
A few cases where things could have been dealt with in a better way does not a massive human rights abuse make. The vast majority left at the urging of the arabs, out of a panic of uncertainty or they were scared into leaving by lies. The vast majority, not every single case among those 800,000 or so that became refugees listed by the UN.
1 out of a thousand or ten thousand does not a pattern make.
Even 1 out of an hundred does not suggest the other 99 should be included as proof of guilt that all palestinians were force by Israelis to leave.
