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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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‘Hamas Must End Its Rule in Gaza’: Qatar Joins Other Arab Countries in Demanding Terror Group Disarm, Step Down

Qatar’s Prime Minister and Foreign Minister Mohammed bin Abdulrahman Al Thani makes statements to the media with then-US Secretary of State Antony Blinken, in Doha, Qatar, Oct. 13, 2023. Photo: Jacquelyn Martin/Pool via REUTERS

Qatar, Saudi Arabia, Egypt, and the Arab League, signed onto an unprecedented declaration on Tuesday calling on the Palestinian terrorist group Hamas to disarm, relinquish control over the war-torn Gaza Strip, and release the Israeli hostages it is still holding.

At a French and Saudi-led United Nations conference on reviving conversation and advocacy for a two-state solution to resolve the Israeli-Palestinian conflict, 17 countries, the 22-member Arab League, and the European Union signed onto the declaration.

“Hamas must end its rule in Gaza and hand over its weapons to the Palestinian Authority, with international engagement and support, in line with the objective of a sovereign and independent Palestinian State,” it read.

“Governance, law enforcement, and security across all Palestinian territory must lie solely with the Palestinian Authority, with appropriate international support.”

While European and other Western countries have consistently made their condemnation of Hamas and its attacks clear, as well as their commitment to a two-state solution, it is notable that many Arab countries — including Qatar, which has historically supported Hamas diplomatically and financially — signed onto the declaration. 

Some foreign policy experts noted the striking inclusion of Qatar, which continues to host senior Hamas leaders.

“Qatar’s role here is interesting to me. I’d like to see the government come out and declare this unilaterally,” Jonathan Schanzer, executive director of the Foundation for Defense of Democracies, a Washington, DC-based foreign policy think tank, posted on X.

The declaration also condemned Hamas’s deadly Oct. 7, 2023, attack on southern Israel, which left 1,200 dead and another 251 taken hostage, and called for an end to the subsequent war which has devastated Gaza.

This is the first time since the Israel-Hamas war began that a united front of Arab countries condemned the Oct. 7 massacre and called on Hamas to disarm and step down from power. 

When it comes to a post-war Gaza, the declaration proposes “a temporary international stabilization mission” under the auspices of the United Nations and upon invitation by the Palestinian Authority. It also notes that some countries have expressed readiness to contribute troops to the cause.

 “By bringing the Arab countries for the first time to condemn Hamas and call for its disarmament, we are creating, or recreating, the conditions for this political solution that, again, is the only path forward, and we are paving the way,” French Foreign Minister Jean-Noël Barrot said in an interview with CBS News.

“We’re paving the way for the future Abraham Accords that the US administration might lead,” he argued, referring to a series of US-brokered deals normalizing ties between Israel and several Arab countries.

Michael Koplow, the chief policy officer of the Israel Policy Forum, a pro-two-state solution think tank, called the declaration “remarkable” and wrote that the Israeli government “should treat this as an unprecedented accomplishment.”

“It explicitly called for a Palestinian state to be demilitarized, marked PA incitement in school curricula as something that must be addressed, and promised Israel full regional integration. It’s basically attaching the full Israeli wishlist to two states,” he argued.  At the same time, “there’s plenty in here that Israel reasonably finds objectionable. Full right of return is a non-starter, and the real carrot of a pledge for full normalized diplomatic relations across the board is missing.”

He concluded, “When Israel talks about peace through strength and a transformed regional and [international] environment re: accepting Israel, this is what it actually looks like. If this [government] had an ounce of sense, it would crow about this as the world accepting what it has long demanded and build on it.”

The United States and Israel did not participate in the conference.

State Department spokesperson Tammy Bruce said in a statement that the conference is “unproductive and ill-timed,” and that it is “a slap in the face to the victims of Oct. 7 and a reward for terrorism.”

“This is a publicity stunt that comes in the middle of delicate diplomatic efforts to end the conflict,” she continued. “Far from promoting peace, the conference will prolong the war, embolden Hamas, and reward its obstruction and undermine real-world efforts to achieve peace.”

Israeli officials have similarly argued that recognizing a Palestinian state at this time would “reward” Hamas’s terrorism, embolden the Islamist group to continue fighting, and only lead to a failed state.

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NYT Adds Editors’ Note to Story That Didn’t Mention Malnourished Gazan Child’s Pre-Existing Health Problems

The headquarters of The New York Times. Photo: Wikimedia Commons.

The New York Times has added an editors’ note to a widely shared news article that spotlighted a severely malnourished child in Gaza, revealing that the 18-month-old boy maintained pre-existing health issues that contributed to his current condition.

The addition followed mounting scrutiny over the accuracy of the story and the credibility of its sources.

“This article has been updated to include information about Mohammed Zakaria al-Mutawaq, a child in Gaza suffering from severe malnutrition,” read the note posted at the bottom of the story. “After publication of the article, The Times learned from his doctor that Mohammed also had pre-existing health problems.”

The original article focused in part on al-Mutawaq, who has been reportedly suffering from acute malnutrition amid the ongoing conflict in Gaza. The story, accompanied by a harrowing image of the emaciated child, was quickly amplified across social media and used by advocacy groups and some politicians to demand further pressure on Israel to halt its military campaign in the enclave against the Palestinian terrorist group Hamas.

However, within days, Israeli officials and independent analysts raised concerns about the report. Medical experts noted inconsistencies in the image and questioned whether the child’s condition truly reflected famine rather than preexisting illness. Critics pointed out the lack of corroboration from independent humanitarian organizations or UN agencies, many of which have not confirmed famine in northern Gaza despite repeated claims from Hamas-linked sources.

Furthermore, online researchers identified pro-Hamas affiliations among some individuals featured in the story or cited as sources, prompting questions about whether the Times had adequately vetted the material.

Amid growing backlash, the New York Times appended the editors’ note to the article, and the newspaper also issued a statement elaborating on the situation.

“We recently ran a story about Gaza’s most vulnerable civilians, including Mohammed Zakaria al-Mutawaq, who is about 18 months old and suffers from severe malnutrition,” a spokesperson said. “We have since learned new information, including from the hospital that treated him and his medical records, and have updated our story to add context about his pre-existing health problems. This additional detail gives readers a greater understanding of his situation.”

“A lie went viral. A child’s illness was twisted into propaganda. This isn’t journalism. It’s a blood libel,” the Israel Foreign Ministry posted on X/Twitter.

“They quietly added an editor’s note, but the lie already went global,” the ministry added in a separate post.

Israeli officials have repeatedly stated that they coordinate with international agencies to facilitate the entry of food and aid into Gaza, and that it is Hamas, not Israel, that diverts or seizes supplies for its fighters. The Israel Defense Forces (IDF) recently released footage which showed stockpiles of food, fuel, and medical supplies in areas controlled by Hamas.

The Israeli government has facilitated the entry of thousands of aid trucks into Gaza, with officials condemning international aid agencies for their alleged failure to distribute supplies, which have largely been stalled at border crossings.

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Australian Police Arrest Suspect in Arson Attack on Melbourne Synagogue

The Victorian Joint Counter Terrorism Team (JCTT) in Australia announced the apprehension of an unnamed 21-year-old man for his alleged role in a Dec. 6, 2024, arson attack. Photo: Victoria Police

The Victorian Joint Counter Terrorism Team (JCTT) in Australia announced the apprehension of an unnamed 21-year-old man who could face charges which carry potential 15- and 10-year jail sentences for his alleged role in a Dec. 6, 2024, arson attack on the Adass Israel Synagogue — an Orthodox congregation in the Melbourne suburb of Ripponlea — that left one person with minor burns and the building with extensive damage.

On Wednesday, a joint statement from the Australian Federal Police (AFP), Victoria Police, and the Australian Security Intelligence Organization said that in addition to torching the Jewish house of worship, the suspected assailant also allegedly stole a car, an offense with a maximum 10-year sentence, the same as a third charge for “endangering life.” Authorities say the man collaborated with two other individuals in commission of his crimes. They arrested another individual on July 16 for allegedly stealing the car used in the arson.

“Since the fire occurred on Dec. 6 last year, the investigation has been one of the highest priorities for Victoria Police and the JCTT,” Victoria Police Deputy Commissioner Wendy Steendam said. “Today’s arrest is a demonstration of our ongoing efforts to hold those involved to account. We now have charged two people as part of this investigation, and I expect there will be more to come.”

Steendam added, “What has also been clear to us throughout this investigation is that assistance from the public is absolutely crucial and without that assistance, the investigation would not be where it is today. We know there are people out there with information that will progress this investigation – whether that is people we have already spoken to or others who are yet to come forward. Again, I appeal for those people to contact police. If you have any details at all about those involved and their motivation, then we want to hear from you. Even the smallest detail or piece of information could prove crucial.”

Victoria Police Chief Commissioner Mike Bush said that “people deserve to be safe and feel safe, particularly when it comes to their places of worship. This is not negotiable in any way. We remain committed to identifying all those who seek to cause this kind of fear and harm, and ensuring they are brought to justice.”

The Australian government has committed 30 million Australian dollars ($20 million) for reconstructing the synagogue. “This attack was not simply an attack on Jewish Australians; an attack on a synagogue is an attack on Australia and is treated as such,” Home Affairs Minister Tony Burke said.

AFP Deputy Commissioner Krissy Barrett confirmed that the JCTT investigated the synagogue attack as politically motivated.

“We will not let this go unpunished in Australia. And that’s why we have responded with relentless determination to pursue those responsible and hold them to account,” Barrett told reporters. “This crime was despicable as it was dangerous, and it is important to acknowledge that this was not just an arson on a synagogue.”

Explaining the broader impact of the arson, Barrett said that “the effect of this crime has rippled through a community that continues to be targeted by criminals. We will not stand for this, and I want to reassure the public that this is not just a priority investigation for the JCTT, but also for the AFP. I want to thank the Jewish community across Australia, and in particular, the Adass Israel Synagogue congregation, for their stoicism, patience, and the support they have shown the JCTT.”

Barrett said that investigators suspect overseas actors may have coordinated the attack. “The motivation is still being assessed,” she said, explaining the AFP was “working closely with our Five Eyes partners and international partners to ensure our collective powers and capabilities are drawn upon to help bring those responsible to justice.”

“Five Eyes” refers to the collaborative relationship between the espionage agencies of anglosphere allies Australia, the United States, Britain, Canada, and New Zealand.

Australian law enforcement had previously announced in January they believed that foreign criminal groups may have orchestrated violence in the wave of antisemitic incidents that Australia has experienced over the last year.

However, recent polling shows a homegrown antisemitism problem in Australia.

From June 27 through July 1, the Combat Antisemitism Movement (CAM) watchdog organization polled 1,000 Australians, finding that only 24 percent of respondents regarded the country’s attitudes toward Jews as “very positive” (9 percent) or “slightly positive” (15 percent). These numbers contrasted with the higher levels (28 percent) who answered “very negative” (8 percent) or “slightly negative” (20 percent).

“Australia used to be thought of as a safe haven for Jews, but that image has unfortunately been shattered over the last two years,” CAM’s CEO Sacha Roytman said in a statement. “Many national and local authorities were left shocked and surprised by this wave of hate and we are working with our partners in Australia to provide strategies and the necessary tools to fight hate and antisemitism.”

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