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There Is No International Law Demanding a Palestinian ‘Right of Return’

US President Joe Biden addresses the 79th United Nations General Assembly at UN headquarters in New York, US, Sept. 24, 2024. Photo: REUTERS/Mike Segar
The so-called “right of return” has been a fundamental Palestinian demand ever since the initial effort to eliminate the nascent state of Israel failed 76 years ago.
In recent days, however, the Associated Press (AP) upgraded the unfulfilled aspiration into international law.
In their Oct. 31 article, “Banning UNRWA will lead to a vacuum and more suffering for Palestinians, the agency’s chief says,” AP’s Baraa Anwer and Sara El Deeb invented: “International law gives Palestinian refugees and their descendants the right to return to their homes.”
An Oct. 29 AP article by Joseph Krauss, Julia Frankel, and Melanie Lidman also erred, citing a non-existent Palestinian right under international law to return to their 1948 homes: “Palestinians say refugees and their descendants, who now number nearly 6 million, should be allowed to exercise their right under international law to return home” (“Israel approves two bills that could halt UNRWA’s aid delivery to Gaza . . .”)
In fact, there is nothing in international law which gives Palestinian refugees and their descendants “the right to return to their homes.”
The non-binding UN Resolution 194, passed by the United Nations General Assembly, does not “give” Palestinians “the right to return to their homes.” Moreover, its language — “should be permitted” — denotes a suggestion, not a guarantee. The section of the resolution dealing with refugees states:
RESOLVES that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;
INSTRUCTS the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation, and to maintain close relations with the Director of the United Nations Relief for Palestine Refugees and, through him, with the appropriate organs and agencies of the United Nations;
As CAMERA’s Alex Safian has previously detailed, the resolution conditions the return of refugees (Palestinian refugees are not specified, and therefore the resolution equally applies to Jewish refugees from Arab countries) on their willingness to “live at peace with their neighbors,” a condition that was not accepted by the Palestinian leadership or the vast majority of the refugees themselves who invoked Resolution 194.
Furthermore, the resolution placed repatriation, resettlement, and compensation on equal footing; meaning that return is one of several possible options.
Finally, the main part of the resolution called for the establishment of a Conciliation Commission, which convened in Lausanne, Switzerland, in 1949. While both the Arab states and Israel attended, the former declined to negotiate directly with the Jewish State and rejected any agreements.
In the past, the AP has accurately reported that Palestinians demand a right of return, or that they believe they have a right of return.
Examples of accurate AP coverage careful not to misreport that Palestinians have a right of return include:
Aug. 29, 2024: “Palestinians believe they have the right to return to their pre-1948 homes.”
Jan. 29, 2024: “The Palestinians say the refugees and their descendants, who now number nearly 6 million across the Middle East, have the right to return to their homes.”
Nov. 30, 2021: “The Palestinians say the refugees and their descendants have a ‘right of return’ to their homes in what is now Israel, a position supported by host countries.”
June 3, 2019: “Symbolically, Palestinians see UNRWA as sustaining their core demand that refugees have the ‘right of return’ to their lost homes in what is now Israel – a prospect that Israel rejects.”
Oct. 8, 2018: “It accuses the agency of perpetuating the conflict by helping promote what it considers an unrealistic Palestinian demand that refugees have the “right of return” to long-lost homes in what is now Israel.”
[emphasis added in all]
In short, while it’s entirely accurate to state that Palestinians demand a “right of return,” or Palestinians believe they have a “right of return,” it is completely false to say that international law gives Palestinians a “right of return” to homes some of them had in 1948.
CAMERA contacted AP to request a correction. As of this writing, no correction has yet appeared, suggesting a commitment to factual accuracy somewhat lagging behind the steadfast Palestinian insistence on the “right of return.” Stay tuned for any updates.
Tamar Sternthal is the director of CAMERA’s Israel Office. A version of this article previously appeared on the CAMERA website.
The post There Is No International Law Demanding a Palestinian ‘Right of Return’ first appeared on Algemeiner.com.
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After False Dawns, Gazans Hope Trump Will Force End to Two-Year-Old War

Palestinians walk past a residential building destroyed in previous Israeli strikes, after Hamas agreed to release hostages and accept some other terms in a US plan to end the war, in Nuseirat, central Gaza Strip October 4, 2025. Photo: REUTERS/Mahmoud Issa
Exhausted Palestinians in Gaza clung to hopes on Saturday that US President Donald Trump would keep up pressure on Israel to end a two-year-old war that has killed tens of thousands and displaced the entire population of more than two million.
Hamas’ declaration that it was ready to hand over hostages and accept some terms of Trump’s plan to end the conflict while calling for more talks on several key issues was greeted with relief in the enclave, where most homes are now in ruins.
“It’s happy news, it saves those who are still alive,” said 32-year-old Saoud Qarneyta, reacting to Hamas’ response and Trump’s intervention. “This is enough. Houses have been damaged, everything has been damaged, what is left? Nothing.”
GAZAN RESIDENT HOPES ‘WE WILL BE DONE WITH WARS’
Ismail Zayda, 40, a father of three, displaced from a suburb in northern Gaza City where Israel launched a full-scale ground operation last month, said: “We want President Trump to keep pushing for an end to the war, if this chance is lost, it means that Gaza City will be destroyed by Israel and we might not survive.
“Enough, two years of bombardment, death and starvation. Enough,” he told Reuters on a social media chat.
“God willing this will be the last war. We will hopefully be done with the wars,” said 59-year-old Ali Ahmad, speaking in one of the tented camps where most Palestinians now live.
“We urge all sides not to backtrack. Every day of delay costs lives in Gaza, it is not just time wasted, lives get wasted too,” said Tamer Al-Burai, a Gaza City businessman displaced with members of his family in central Gaza Strip.
After two previous ceasefires — one near the start of the war and another earlier this year — lasted only a few weeks, he said; “I am very optimistic this time, maybe Trump’s seeking to be remembered as a man of peace, will bring us real peace this time.”
RESIDENT WORRIES THAT NETANYAHU WILL ‘SABOTAGE’ DEAL
Some voiced hopes of returning to their homes, but the Israeli military issued a fresh warning to Gazans on Saturday to stay out of Gaza City, describing it as a “dangerous combat zone.”
Gazans have faced previous false dawns during the past two years, when Trump and others declared at several points during on-off negotiations between Hamas, Israel and Arab and US mediators that a deal was close, only for war to rage on.
“Will it happen? Can we trust Trump? Maybe we trust Trump, but will Netanyahu abide this time? He has always sabotaged everything and continued the war. I hope he ends it now,” said Aya, 31, who was displaced with her family to Deir Al-Balah in the central Gaza Strip.
She added: “Maybe there is a chance the war ends at October 7, two years after it began.”
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Mass Rally in Rome on Fourth Day of Italy’s Pro-Palestinian Protests

A Pro-Palestinian demonstrator waves a Palestinian flag during a national protest for Gaza in Rome, Italy, October 4, 2025. Photo: REUTERS/Claudia Greco
Large crowds assembled in central Rome on Saturday for the fourth straight day of protests in Italy since Israel intercepted an international flotilla trying to deliver aid to Gaza, and detained its activists.
People holding banners and Palestinian flags, chanting “Free Palestine” and other slogans, filed past the Colosseum, taking part in a march that organizers hoped would attract at least 1 million people.
“I’m here with a lot of other friends because I think it is important for us all to mobilize individually,” Francesco Galtieri, a 65-year-old musician from Rome, said. “If we don’t all mobilize, then nothing will change.”
Since Israel started blocking the flotilla late on Wednesday, protests have sprung up across Europe and in other parts of the world, but in Italy they have been a daily occurrence, in multiple cities.
On Friday, unions called a general strike in support of the flotilla, with demonstrations across the country that attracted more than 2 million, according to organizers. The interior ministry estimated attendance at around 400,000.
Italy’s right-wing government has been critical of the protests, with Prime Minister Giorgia Meloni suggesting that people would skip work for Gaza just as an excuse for a longer weekend break.
On Saturday, Meloni blamed protesters for insulting graffiti that appeared on a statue of the late Pope John Paul II outside Rome’s main train station, where Pro-Palestinian groups have been holding a protest picket.
“They say they are taking to the streets for peace, but then they insult the memory of a man who was a true defender and builder of peace. A shameful act committed by people blinded by ideology,” she said in a statement.
Israel launched its Gaza offensive after Hamas terrorists staged a cross border attack on October 7, 2023, killing some 1,200 people and taking 251 people hostage.
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Hamas Says It Agrees to Release All Israeli Hostages Under Trump Gaza Plan

Smoke rises during an Israeli military operation in Gaza City, as seen from the central Gaza Strip, October 2, 2025. Photo: REUTERS/Dawoud Abu Alkas
Hamas said on Friday it had agreed to release all Israeli hostages, alive or dead, under the terms of US President Donald Trump’s Gaza proposal, and signaled readiness to immediately enter mediated negotiations to discuss the details.