Newsgroup: it.politica.internazionale
Titolo: No legal basis for Palestinian refugee demands

http://www.ynetnews.com/articles/0,7340,L-3931910,00.html
Law professors Ruth Gavison, Yaffa Zilbershatz present PM with position
paper claiming must not recognize right of return 'even as symbolic
gesture'. Had this been a legal right, it would have already been
discussed at international court, documents says
Ariela Ringel Hoffman
"International law does not recognize the right of the Palestinian
refugees and their descendents to return to their homes," according to a
first-of-its-kind position paper recently submitted to Prime Minister
Benjamin Netanyahu and other senior officials.
"Any recognition of this right may tie Israel's hands and lead to mass
lawsuits that will effectively mean the end of the Jewish state,"
prominent jurists Prof. Ruth Gavison and Prof. Yaffa Zilbershatz wrote
in the document.
"Israel must continue to vehemently oppose the broad implementation of
the Palestinian refugees' return to its territory and must not be
tempted to recognize the right of return even as a symbolic gesture,"
they claim.
According to the jurists, the return of Palestinian refugees will
"undermine the Jews' ability to realize their right to
self-determination in a Jewish and democratic country, and therefore
Israel's legal opposition regarding this issue is justified.
(Recognizing the right of return) may perpetuate the (Israeli-Arab)
conflict."
Asked whether the recognition of the right of return may advance a peace
agreement that would be acceptable to the Palestinians, Zilbershatz
says, "The fact that the Palestinians are talking about the right of
return places the idea above any negotiation – because you can't argue
with rights.
"We also do not believe in the statement, 'You recognize the right and
we'll make sure it is not implemented'. Even the most western, modern
philosophy adheres to the notion that economic interests are not the
only ones that drive people. You can offer someone a huge financial
reward and he or she will still want to return home," she says.
Do you believe such a position paper or any other legal document can
overcome the Palestinian narrative?
'I'm not naïve. But I think decision-makers and the general public
should be made aware of this issue. This is what we are trying to do
with this paper. It is also important to mention that there is no
connection between this Palestinian demand, which relates to the 1948
refugees, and the conquest in 1967," says the professor.
"Had this been a legal right and not a question of morals or politics,
it would have already been discussed at the international court."
Zilbershatz, who has been mentioned as a possible candidate to succeed
Gabriela Shalev as Israel's ambassador to the UN, is considered an
expert in international law.
Gavison is the president of the Metzilah Center, which was founded in
2005 to address the "growing tendency among Israelis and Jews worldwide
to question the legitimacy of Jewish nationalism and its compatibility
with universal values."
According to Zilbershatz, a thorough examination of laws pertaining to
refugees found that the Palestinian demand has no legal basis.
"The opposite is true," she says, "In 1948, when the refugee problem was
created, returning (to Israel) was not an option, and the trend was to
separate the sides, sometimes forcefully by population transfer.
"The interesting thing is that this approach is currently gaining more
and more support in the UN. The international community's position that
it is preferable to fully settle disputes than to recognize refugees'
right of return supported by a recent ruling by the European Court of
Human Rights. The court debated the right of the Greek refugees who were
expelled from northern Cyprus in 1974, and five months ago it ruled that
due to the time that has passed, it would be wrong to rectify the
situation by allowing them to return to their homes and expelling those
who currently live in the area.
"The court determined that an arrangement for the refugees must be found
in the framework of a political solution to the conflict," says
Zilbershatz, adding that allowing Palestinian refugees to return would
jeopardize the two-state solution.
According to the professor, UNRWA differentiates between Palestinian
refugees and other refugees around the world. She says the organization
recognizes the right of the descendants of Palestinian refugees to
return to Israel and also considers Palestinians who hold Jordanian
citizenship as refugees.
"To make matters worse, UNRWA also upholds the refugee status of
terrorists and people who committed crimes against humanity. According
to the United Nations Convention relating to the Status of Refugees,
such people do not fit the definition of refugees. This document shows
how throughout the years UNRWA has made it impossible for refugees to
become independent people who lead independent lives," she says.
Gavison adds, "Even if there is an agreement between governments, the
grandchildren or great-grandchildren of the signatories may one day rise
up, demand that their rights be restored and determine that the conflict
is not over."
According to Zilbershatz, the solution proposed by right-wing elements
and some leftists – one state between the Jordan River and the
Mediterranean Sea - will not resolve the Palestinian refugee problem.
"Such a state would require the return of refugees because the
Palestinians would have no other alternative, no other state in which
they would be able to realize their desire for self-determination. In
light of the projected numbers, such a state would certainly not be
Jewish and democratic," she says.
In other words, you propose two states for two peoples based on
ethnicity, including the evacuation of settlers from the West Bank.
"I didn't say that and it isn't necessary. A future Palestinian state
must have an ethnic majority. There are currently 1.5 million Arabs in
the West Bank and only 200,000 Jews, so the Arab majority is very clear.
If we allow refugees to return, it will become even clearer,"
Zilbershatz claims.
"We are in favor of establishing a Palestinian state. There is nothing
that should prevent Jews from living in it as well."
Professor Gavison says the discussion on the refugees' status also
"diverts attention from the fact that in 1947 the Arabs rejected the
Partition Plan."
Asked whether the position paper serves the interests of the Right,
Gavison says, "Meretz also believes the solution involves two states for
two peoples and not the return of refugees. It is the Right which is
refusing to respond to the claim that a bi-national state would not
fulfill the Palestinians' nationalistic aspirations and would not give
them the opportunity to live in a country they identify with."
The jurists say those who support the right of return ask why Jews have
a right to return to their homeland after 2,000 years while the
Palestinians' right to do the same is disputed after only 60 years.
"The answer is that Israel's Law of Return upholds the Jews' rights in
this respect. When a Palestinian state is established, it will be able
to pass a law that protects the rights of the Palestinians," Gavison says.


Nahum .
Avete rubato le proprietà e la terra a delle persone nel pieno dei
loro diritti.
Li avete ammazzati e avete fatto pulizia etnica, continuate a farlo.
Non avete nessun titolo giuridico da sollevare.
Siete un popolo oramai al di fuori della legge umana e divina.
A parziale scusante dei vostri crimini potete portare solo l'infermità
mentale.
Che dio abbia pieta' di voi.

 wrote:

Perché non ne discuti un po' con i tuoi fake?
Dovrebbe essere divertente da leggere.
BTW, di che razza sono? Tutti della stessa?
-- 
Tb (bieco illuminista)

 Che dio abbia pieta' di voi.
Meglio che l'abbia di te e del tuo razzismo.
-Stefano