This paper is largely adapted from the authors’ recently published book: Palestinian Refugees
in International Law (2nd edn., Oxford University Press, 2020), and in particular its final chapter.
After discussing origins, evolution and legal tenets of the Palestinian refugee question, this chapter discusses the quest for just and durable solutions. In the first edition of the book, the subject was discussed – naively in hindsight – against the backdrop of the Middle East Peace Process, initiated with the Madrid Conference in 1991 and the Oslo Accords (1993-1995), that is, as one of a number of ‘permanent status issues’ to be resolved in negotiations between Israel and the PLO. This reflected the expectation that a solution to the Palestinian refugee question would be found in the context of the establishment of a Palestinian state. At the time of researching and writing the second edition, the peace process was on life support and, in spite of the increased international recognition of the ‘State of Palestine’, in view of the ongoing Israeli occupation of Gaza, the West Bank, including East Jerusalem, the prospect of the emergence of a sovereign, independent Palestinian state was more remote than ever.
The authors believe that the current state of affairs with respect to the Palestinian refugee question requires a fundamental rupture with the political approaches so far pursued amounting to a fundamental paradigm shift. This would hinge on a necessary liberation of the debate from the political stalemate, a more purposeful involvement of the UN, supported by a multi-stakeholder process –hinging first and foremost on the refugees themselves –, a greater emphasis on international law and related obligations towards the rights of the refugees, and, finally, a move away from the ‘politics of suffering’ that has held many refugees hostage over the decades.
The authors suggest that the 2016 New York Declaration on Refugees and Migrants provides a new opportunity to reengage the UN with respect to solutions for Palestinian refugees, for firmly placing this within an international law framework, and for pursuing solutions for Palestinian refugees more holistically. Guided by the Declaration, they propose the elements of a Comprehensive Response Framework for Palestinian Refugees as well as the route towards its development.
