MIFTAH
Monday, 8 July. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

Israel’s crooked strategy to pre-empt the standing claim of the Palestinian refugees to return to their original homeland from which they were ethnically cleansed 65 years ago, or accept just compensation in case they choose not to, is by no means new. Although the Palestinian refugees’ right of return is guaranteed by international law, Israeli leaders, since the creation of the state, have been pressing the claim that there are Jewish refugees as well, and that applies to those who left their property in most Arab states and migrated to Israel.

UN Security Council Resolution 242 of November 1967, which still is basic for any possible settlement of the Arab-Israeli conflict, provided in paragraph 2 “for achieving a just settlement of the refugee problem”. Because the resolution failed to specify which “refugee problem”, deliberately for certain — when the assumption has all along been that the reference was to the Palestinian refugees — Israel claimed that the reference also covered Jewish refugees.

The idea of exchanging refugee claims was so repeatedly pounded by Israeli propaganda and supportive media that many do believe that the Israeli claim should balance with that of the Palestinians’ and the refugee file should therefore be closed.

This poorly formulated equation makes neither political nor legal sense. While the Palestinian existence, land and people, were abolished by force and international complicity to make room for the creation of the Zionist state in 1947/48, the Jewish families who decided to migrate to Israel from various Arab countries soon afterwards did so out of their own will. What they left behind is private property. Their right to reclaim their property or even their abandoned citizenship should be respected by the relevant countries within the limits of the law that applies. As a matter of fact many Arab countries have repeatedly invited their Jewish citizens, who went to Israel in support of the Zionist project, to return to where they lived for centuries. It is politically impossible therefore to equate the two situations.

Neither does this Israeli attitude have any legal validity. The rights of Palestinian families that were forced to leave their homes, farms, land, businesses, history and factual existence cannot be denied on the grounds that Jews also lost property in other Arab countries. How can a Palestinian who lost property in Jaffa or Jerusalem benefit from Jewish property abandoned in Alexandria or Baghdad; and what kind of international justice would that serve?

Private property rights are entirely different from state rights. If an exchange of contested property can help settling state rights when the property involved is accurately estimated and valued, it does not apply to private rights, particularly where such settlements are envisaged in the total absence of the concerned owners of the said rights, and without their knowledge or consent. No state has the right or the authority to act on behalf of its citizens with respect to their property or private rights.

Apparently the trend in Israel recently is to expand its claim to include not only the property of Jews who left Arab countries six decades ago, but also the property that Jews owned in Arabia — now Saudi Arabia — since the time of the prophet 14 centuries ago. That sets extraordinary precedents that may require an endless process of revising the entire history of human kind to determine who owned what when, and who has a forgotten right across time to come forward and lay a claim to it.

According to a Middle East Monitor (MEM) report (December 30, 2011), Israel’s foreign ministry is preparing a draft bill that would enable the Zionist state to press claims for compensation for Jewish property in a number of Arab countries. The bill, which is divided into two parts is likely to be held back to be used during any negotiations addressing the issue of the Palestinian refugees and their right of return, says the report, adding further details indicating that the first part of the bill will demand that Egypt, Mauritania, Morocco, Algeria, Tunisia, Libya, Sudan, Syria, Iraq, Lebanon, Jordan and Bahrain pay compensation for the properties of 850,000 Jews, with an estimated value of $300 billion. The figures are based on the 1948 census of Jews from each country.

It is worth noting that the figure of 850,000 Jewish refugees exceeds the commonly mentioned number of the 750,000 Palestinians who were forced out of their land during the first Arab-Israeli war in 1948.

The second part of the Israeli foreign ministry bill deals with Saudi Arabia. It intends to present the Saudi government with a compensation bill of more than $100 billion for Jewish properties in the kingdom since the time of Prophet Mohammad.

Iran will be pursued for compensation as well. The report says that compensation for the “alleged hundreds of dead and missing Iranian Jews in Iran whose fates are unknown will be set at $100m”.

That brings the total amount sought by Israel to just over $400 billion.

The MEM report further says that Israeli experts in international law, history and geography in the universities of Bar-Ilan, Beer Sheva, Tel Aviv, Jerusalem and Haifa are working on this part of the claim. The Israeli foreign ministry is financing the project at an estimated cost of $100 million.

This cannot be realistic or serious. How could Israel deny the legally recognised rights of Palestinians who have been illegally separated from their land and homes by force only six decades ago while demanding compensation for 14 centuries-old Jewish rights that are impossible to support and define; and how could the Kingdom of Saudi Arabia be responsible for events that occurred centuries before it even existed.

Clearly such exaggerated claims are only meant to be threats to preempt and circumvent Palestinian legal rights, and will never work.

Israel has never been known to respect international law, which is only invoked if it serves its purposes. In this case it does not, but it can offer ground for argumentation and buying time.

It is indeed a pathetic and a bizarre strategy, which only reveals how desperate Israel has become in trying to bury others’ rights and to dig deep into history in search of a helpful argument. That, however, is not the only case in the protracted conflict.

 
 
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