The Status of Palestinian Refugees in International Law

• Although the problem of the Palestinian refugee has persisted for nearly half a century, this book is the first comprehensively to analyse the various legal issues involved
• The book was written while the author was working on the Gaza Strip: the authors legal research and academic analysis are complemented by a practical and comprehensive understanding of the subject matter
• Annexed to the book are a number of important documents not previously published, including the English translation of the 1965 Casablanca Protocol on the Status of Palestinians in the Arab Countries, and various Arab League resolutions dealing with Palestinian refugees

Readership: Scholars and practitioners of refugee law. More specifically, government officials and lawyers dealing with asylum requests of Palestinians in various parts of the world; officials of UNHCR, UNRWA, and other international organizations dealing with Pales tinian refugees. The book will also appeal to academics, diplomats, journalists, politicians and others who have an interest in the Middle East peace process.

"This thoughtful and insightful book has been published at an opportune time...It provides a wealth of information...The author is also to be commended for producing such a thoughtful book on a difficult and explosive topic." - Anis F Kassim American Journal of International Law January 2000

"Authoritative and very well researched, this book is indispensable for anyone with an interest in international law, specifically as it relates to Palestinian refugees...Takkenberg's book is an extremely important addition to the literature on international law and the Palestinian conflict. It stands out as an innovative text on a very complex issue that has long stood at the centre of much controversy but hitherto has not been the subject of intense legal enquiry." - Ardi Imseis Journal of Palestinian Studies 113 Vol. xxix No. 1, Autumn 1999

"Takkenberg brings enormous erudition to bear on the Palestinian refugee question...His field experience illuminates certain sections...The author's approach to the status of Palestinian refugees in international law is comprehensive...Takkenberg's views are tempered with a great deal of realism and reflect a broad consensus on scholarly opinion. This constitutes an additional reason for governments and concerned persons to read this book very carefully." - Mark J. Miller International Journal of Refugee Law Vol 11 No. 2 1999.

"Throughout this comprehensive work, Takkenberg approaches the many and complex problems with the patience and attention of a concerned and knowledgeable observer ... and avoids the potential pitfalls of partisanship and polemicism." - Journal of International Law and Politics

"The book offers a balanced, politically-neutral look at the international legal status of Palestinian refugees which will instruct students of international law and those interested in Middle Eastern affairs." - Journal of International Law and Politics.

"This is an important, comprehesive and highly readable book ... It is a sober and disheartening account of the extreme divergence between the rules of the international community and the actual fate of the refugees. ... The strengths of The Status of Palestinian Refugees in International Law are plenty. ... First, the research is comprehensive and is not limited to law ... Second, it is well written enough for readers with a non-legal background to find it approachable, a feat for any lawyer. Third, it is quite timely ... fourth, the book is both judicious and solid in its analysis, an all too rare reminder that one can write on such an inflamed topic with compassion without losing the analytical tools of rigour and fair consideration of all reasonable arguments." - Michael Lynk, Middle East International, 24/12/99

"Lex Takkenberg's scholarly analysis of the legal problems faced by the world's longest standing refugee group, the Palestinians, could not be more timely ... The author ... brings an intimate understanding of the reality of the Palestinian refugee problem to bear on the subject ... the book is meticulously detailed in its bibliographical references and annexation of important documents, including material not previously translated into English ... This invaluable book is a must read for those with interests in human rights, refugee law and the Middle East." - Joseph M Maguire, International Journal of Legal Information, Vol27:2

"a valuable addition to the many works on post-World War II refugees./ D. Peretz, Emeritus at SUNY at Binghamton, Choice, March 1999, Vol 36, no. 7"

Preface
Table of Treaties and other International Instruments
Table of Cases
Introduction
Chapter I
1.1: The story of Rula
1.2: Palestinian refugees and international law
1.3: Historical background
1.4: The number of Palestinian refugees and their geographical distribution
1.5: The United Nations and Palestinian refugees
1.6: The Madrid peace process and its relevance for Palestinian refugees
1.7: Scope of the study
Part One: Refugee Law
Chapter II: Palestinian Refugees
2.1: General remarks on the notion of Palestinian refugee
2.2: Palestinian refugees as distinguished from other refugees
2.3: The UNRWA definition of a Palestinian refugee
2.4: Defining Palestinian refugees in the context of peace negotiations
Chapter III: The 1951 Convention Relating to the Status of Refugees
3.1: Introductory remarks
3.2: Article 1D
3.3: Other aspects of article 1
Chapter IV: The Status of Palestinian Refugees in the Arab World
4.1: Introductory remarks
4.2: The League of Arab States and Palestinian refugees
4.3: Excursus: the legal status of Palestinian refugees in the various Arab states
Part Two: Other Areas of International Law
Chapter V: Law Relating to Stateless Persons
5.1: Introductory Remarks
5.2: Are Palestinian refugees stateless persons?
5.3: Convention relating to the status of stateless persons
5.4: Convention on the reduction of statelessness
5.5: Concluding remarks
Chapter VI: Humanitarian Law
6.1: Introductory Remarks
6.2: Rules of humanitarian law concerning the protection of civilians
6.3: The position of Palestinian refugees residing in the territories
6.4: The relevance of the PLOIsraeli Declaration of Principles
6.5: Some conclusions
Chapter VII: Human Rights Law
7.1: Introductory Remarks
7.2: The right to return and compensation
7.3: The right to self-determination
7.4: Family reunification and the principle of unity of the family
7.5: Concluding remarks
Part Three: International Protection and the Search for a Durable Solution
Chapter VIII: International Protection
8.1: Introductory Remarks
8.2: Protection of Palestinian refugees in the Middle East: the role of UNRWA and other United Nations organs
8.3: Protection of Palestinian refugees residing out UNRWAs area of operations: the role of UNHCR
8.4: ICRC and the protection of Palestinian refugees
8.5: Other attempts at providing international protection
8.6: Some conclusions
Chapter IX: the Search for a Durable Solution
9.1: Introduction
9.2: Durable solutions to refugee problems
9.3: Possible scenarios for the permanent status of the Palestinian territories occupied in 1967
9.4: The permanent status negotiations on the refugee issue
Chapter X: Summary and Conclusions
Annex 1: Selected United Nations resolutions of concern to Palestinian refugees
Annex 2 UNRWA instructions concerning registration and eligibility (excerpts)
Annex 3: League of Arab States instruments concerning Palestinian refugees
Bibliography
Index