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United Nations General Assembly Resolution 194
The United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 of the resolution resolves that
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 equity, should be made good by the Governments or authorities responsible.
The resolution also calls for the establishment of the United Nations Conciliation Commission to facilitate peace between Israel and Arab states, continuing the efforts of UN Mediator Folke Bernadotte, following his assassination.
Of the 58 members of the United Nations at that time, the resolution was adopted by a majority of 35 countries, with 15 voting against and 8 abstaining. The six Arab League countries then represented at the UN, who were also involved in the war, voted against the resolution. The other significant group which voted against comprised the Communist bloc member countries, all of which had already recognized Israel as a de jure state. Israel was not a member of the United Nations at the time, and objected to many of the resolution's articles. Palestinian representatives likewise rejected Resolution 194.
The resolution, especially Article 11, was cited in United Nations General Assembly Resolution 302 establishing the UNRWA and other UN resolutions. It has been argued that the resolution enshrines a right of return for the Palestinian refugees, a claim that Israel disputes.
During the 1948 Palestine war, around 700,000 Palestinian Arabs or 85% of the total population fled or were expelled from the territory Israel conquered. The UN Mediator for Palestine, Count Folke Bernadotte, believed that the Palestinians displaced had a right to return to their homes and wrote several UN reports to that effect. On June 28, 1948, during a truce he had arranged, he presented a series of suggestions for a peaceful settlement of the Palestine dispute. One of them was that the UN should recognize "the right of residents of Palestine who, because of conditions created by the conflict there have left their normal places of abode, to return to their homes without restriction and to regain possession of their property." Another was to incorporate Jerusalem into Arab territory which angered the Israelis. In the report he presented on September 16, he wrote:
It would be an offence against the principles of elemental justice if these innocent victims of the conflict were denied the right to return to their homes while Jewish immigrants flow into Palestine, and, indeed, at least offer the threat of permanent replacement of the Arab refugees who have been rooted in the land for centuries.
In the report, he argued that "[t]he right of Arab refugees to return to their homes in Jewish-controlled territory at the earliest possible date should be affirmed by the United Nations" and that the UN should supervise payment of "adequate compensation for the property" of those choosing not to return. Israel publicly rejected the report, but Foreign Minister Moshe Sharett acknowledged that "[i]t is not so nice or humanitarian to oppose something which is so basic, so simple: a person's right to return to the home from which he has been driven out by force."
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United Nations General Assembly Resolution 194
The United Nations General Assembly Resolution 194 is a resolution adopted near the end of the 1947–1949 Palestine war. The Resolution defines principles for reaching a final settlement and returning Palestine refugees to their homes. Article 11 of the resolution resolves that
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 equity, should be made good by the Governments or authorities responsible.
The resolution also calls for the establishment of the United Nations Conciliation Commission to facilitate peace between Israel and Arab states, continuing the efforts of UN Mediator Folke Bernadotte, following his assassination.
Of the 58 members of the United Nations at that time, the resolution was adopted by a majority of 35 countries, with 15 voting against and 8 abstaining. The six Arab League countries then represented at the UN, who were also involved in the war, voted against the resolution. The other significant group which voted against comprised the Communist bloc member countries, all of which had already recognized Israel as a de jure state. Israel was not a member of the United Nations at the time, and objected to many of the resolution's articles. Palestinian representatives likewise rejected Resolution 194.
The resolution, especially Article 11, was cited in United Nations General Assembly Resolution 302 establishing the UNRWA and other UN resolutions. It has been argued that the resolution enshrines a right of return for the Palestinian refugees, a claim that Israel disputes.
During the 1948 Palestine war, around 700,000 Palestinian Arabs or 85% of the total population fled or were expelled from the territory Israel conquered. The UN Mediator for Palestine, Count Folke Bernadotte, believed that the Palestinians displaced had a right to return to their homes and wrote several UN reports to that effect. On June 28, 1948, during a truce he had arranged, he presented a series of suggestions for a peaceful settlement of the Palestine dispute. One of them was that the UN should recognize "the right of residents of Palestine who, because of conditions created by the conflict there have left their normal places of abode, to return to their homes without restriction and to regain possession of their property." Another was to incorporate Jerusalem into Arab territory which angered the Israelis. In the report he presented on September 16, he wrote:
It would be an offence against the principles of elemental justice if these innocent victims of the conflict were denied the right to return to their homes while Jewish immigrants flow into Palestine, and, indeed, at least offer the threat of permanent replacement of the Arab refugees who have been rooted in the land for centuries.
In the report, he argued that "[t]he right of Arab refugees to return to their homes in Jewish-controlled territory at the earliest possible date should be affirmed by the United Nations" and that the UN should supervise payment of "adequate compensation for the property" of those choosing not to return. Israel publicly rejected the report, but Foreign Minister Moshe Sharett acknowledged that "[i]t is not so nice or humanitarian to oppose something which is so basic, so simple: a person's right to return to the home from which he has been driven out by force."