Reparations to Palestinian Refugees: A Comparative Perspective. By Shahira Samy.

Abstract

Shahira Samy’s study seeks to elucidate why and how injustices are recognized and, in the light of this, how the prospects for reparations to Palestinian refugees might be enhanced. She begins with an overview of the mixed history of reparations cases, from the relative ‘success story’ of the financial compensation and apology secured by Japanese-Americans interned during the Second World War, to the unfulfilled claims of Korean ‘comfort’ women. Faced with this variance, Samy stresses that obtaining reparations is not simply a question of international law but is also a highly political process. Samy’s work seeks to bridge the gap between purely legal analyses and determinedly political studies. In taking this approach the book makes a solid contribution to the literature of the field, with Samy proving to be an astute guide both through the relevant legal issues and the politics of the Palestinian refugee question. Her aim to uncover what influences reparations agreements leads her to concentrate on the positions of the protagonists and relevant third parties. She highlights how the case of Palestinian refugees has been complicated by the ongoing Palestinian–Israeli (and broader Arab–Israeli) conflict, as well as Palestinian refugees’ lack of international protection and the refusal of successive Israeli governments either to take responsibility for their 1948 dispossession or to countenance their repatriation. In this case, perceptions of the wrongful act diverge dramatically, as do attitudes towards appropriate redress. She outlines how Palestinians view the refugee issue as a legal and historical injustice that necessitates restitution, while the official Israeli position regards it as a humanitarian issue requiring resettlement and compensation.