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Source: http://www.jpost.com/servlet/Satellite?pagename=JPost/A/JPArticle/ShowFull&cid=1061438426688
Not a Legal Right
(Jerusalem Post) Yaffa Zilbershats - Palestinians do not possess any legal right to return to Israel. When speaking about their right of return, the Palestinians point to UN Resolution 194 (III) of December 11, 1948, but whatever is provided in the resolution is not legally binding. UN resolutions are neither treaties nor international customs. They are considered to be recommendations only. In addition, in 1948 when the resolution was adopted, neither Israel nor the Palestinians agreed to abide by it and neither party saw themselves as obliged to adhere to its recommendations. Consequently, it seems bizarre to refer to it today as a binding legal obligation. In 1945 millions of Germans who lived in Eastern Europe were transferred to Germany, and in 1947 when Britain left India, British India was divided into two states: India and Pakistan, and the split caused a mass transfer of populations. Concurrently with the flight of the Arab population from Israel, Jews were fleeing neighboring Arab states and many of these refugee Jews found safe haven in Israel. What took place in 1948 was a transfer of populations spurred by the political changes in the region and the war, a process that was not contradictory to international law applying at that date.