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Compensation to Palestinian Refugees and the Search for Palestinian-Israeli Peace

Compensation to Palestinian Refugees and the Search for Palestinian-Israeli Peace

Rex Brynen | Roula El-Rifai

(2013)

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Abstract

One of the core aspects of the Palestinian refugee question is that of compensation or reparations for Palestinian refugees forcibly displaced by the establishment of Israel.

The Nakba saw the displacement of 85% of the Palestinian Arab population and the descendants of these displaced peoples numbers almost 5 million. Despite the gravity of the situation and the importance of restorative justice, many of the complex technical issues compensation would entail have not received adequate attention. Applying their expertise and looking at past examples of claims mechanisms, a rich variety of contributors - including Palestinian, Israeli, and international scholars, analysts, and former officials - examine the topic from an array of legal, economic, and political perspectives.

Answering questions such as: How would property losses be recovered? What about displaced persons within Israel? What would the Israeli response be to reparations? The contributors cast new and important light on the way the issue has been approached in past negotiations, the structure of possible compensation regimes and potential challenges and obstacles to implementation.

Table of Contents

Section Title Page Action Price
Cover Cover
Contents v
List of Figures vii
List of Tables viii
Preface x
Acknowledgements xiii
1. Introduction - Rex Brynen and Roula El-Rifai 1
2. Palestinian Negotiation Priorities on Reparations for Refugees - Leila Hilal 19
3. Compensation for Palestinian Refugees: An Israeli Perspective - Orit Gal 35
4. An Analysis of the Palestinian Refugees' Rights to Reparation under International Law with a Focus on the Right to Compensation - Lena El-Malak 49
5. The United Nations Conciliation Commission for Palestine's Records on Palestinian Refugee Property Losses - Michael R. Fischbach 69
6. Israel's Policy Regarding Palestinian Refugee Real Estate Holdings: Israel's State Records - Roby Nathanson and Hagar Tzameret-Kertcher 89
7. In Search of Information about Refugee Property Ownership 107
8. The Value of 1948 Palestinian Refugee Material Damages: An Estimate Based on International Standards - Thierry J. Senechal and Leila Hilal 132
9. Palestinian Refugee Losses in 1948 - Atif Kubursi 159
10. Implementation of an Agreed Solution for Palestinian Refugee Claims: Learning from the Experience of Other Claims Mechanisms - Heike Niebergall and Norbert Wuhler 177
11. Gender Dimensions of Redress for the Palestinian Refugees - Megan Bradley 204
12. Redressing Internally Displaced Persons in Israel - Megan Bradley 224
13. Linking Palestinian Compensation Claims with Jewish Property Claims against Arab Countries - Michael R. Fischbach 245
14. Palestinian Refugee Compensation: Connections and Complexities - Rex Brynen 263
15. Beyond Compensation: Reparations, Transitional Justice and the Palestinian Refugee Question - Anne Massagee 282
Notes on Contributors 308
Index 314