Part One Historical and Legal Foundations, II Palestinian Refugees: A Distinctive Normative and Institutional Regime

Abstract

This chapter examines the foundation of Palestinian refugees’ status in international law, as well as the characteristics of their distinctive institutional and normative regime compared to other refugees around the world. This distinctiveness stems from special arrangements the United Nations (UN) has made for them. This includes ad hoc UN agencies mandated to protect and assist Palestinian refugees, namely the United Nations Conciliation Commission for Palestine (UNCCP) and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) as well as, under certain circumstances, the United Nations High Commissioner for Refugees (UNHCR). The chapter then considers both the genesis and meaning of Article 1D of the 1951 Refugee Convention, the provision specifically included with the Palestinian refugees in mind, including its recent interpretation and application, and various defintions of Palestine/Palestinian refugee offered for various purposes (i.e. assistance and relief, protection and durable solutions). It shows how the special arrangements for this group of refugees, put in place due to the circumstances of their displacement, were meant to ensure continuity of protection and how, the lack of durable solutions has made the arrangements set up for them, inclreasingly looking as an anomaly.