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The just resolution of the Palestinian right of return is at the very heart of the Middle East peace process. Nonetheless, the Obama administration intends to impose a comprehensive peace settlement upon the Palestinians that will force them to give up their well-recognized right of return under United Nations General Assembly Resolution 194(III)) of 1948; accept a Bantustan of disjointed and surrounded chunks of territory on the West Bank in Gaza; and even expressly recognize Israel as "the Jewish State,” as newly demanded by Benjamin Netanyahu. All this will fail for the reasons so powerfully and eloquently stated in this book. For the past three decades, Francis A. Boyle has provided the leadership of the Palestinian people with advice, counsel, and representation at all stages of the Middle East Peace Process. Here, he elaborates what the Palestinians must now do to realize their international legal right of return, in keeping with his startling perception of Israel as itself nothing more than a Jewish Bantustan bound for failure. While an enormous amount of scholarly literature has been generated affirming the Palestinian right of return under international law, none is as authentic, powerful, personal, or convincing. Boyle has gone to the heart of the solution.
7. Scope of the study
With renewed conflict in the Middle East, the prospect of a peaceful resolution looks more unlikely than ever. The Palestinian right of return to their homes has been upheld in international law and through United Nations' resolutions for fifty years. Equally the right of return has been denied by Israel and deferred to a "final status" issue in the Oslo Accords. It is on this right of return that the Palestinians are united. And it is this issue which is so frequently ignored by the international media. With major contributions from a range of international experts, including Edward W. Said, Noam Chomsky, Ilan Pappe, Alain Gresh and Norman Finkelstein, this volume examines the Palestinians’ right of return. Chapters cover the historical roots of the Palestinian refugee question; the rights of the refugees under international law; the special case of Lebanon; Israeli perceptions of the refugee question; the practical feasibility of the return; the role of the United States and the European Union and the Refugee Question; the value of the refugee property; the principles of compensation; and a programme for an Independent Rights Campaign.
What is the historical framework of the Palestinian refugee crisis and what durable solutions are available? Which human rights instruments are applicable to Palestinian refugees? What is the place of the UN Relief and Works Agency for Palestinian Refugees within the global refugee framework and what challenges does the Agency face? This book approaches the question of Palestinian refugees from a legal, historical and political perspective to address these and other relevant questions. Seeking to impart an understanding of the place of Palestinian refugees under international law, it explores the rights of Palestinian refugees, including the collective rights of self-determination and state sovereignty and the individual right of return. It discusses the specialized, separate regime established for Palestinian refugees and the relationship of this regime vis-à-vis the UN Refugee Agency and the Convention Relating to the Status of Refugees.
A leading US expert applies the norms and standards of international law to the Israeli/Palestinian conflict, addressing Palestinian statehood, the negotiation and failure of the Oslo Accords, the status of Jerusalem, the Al Aqsa Intifada, the right of return, human rights violations, war crimes, crimes against humanity, terrorism (both state and suicide bombings), the current divest-from-Israel campaign and the US war against Iraq. Francis Boyle is regularly interviewed by media all over the world. In recent months, he has been interviewed by the Christian Science Monitor, Time, USA Today, the Washington Post, and Al Jazeera, among others. He is a frequent commentator on NPR, his articles appear regularly in a wide range of online publications, notably the website Counterpunch, and he is often interviewed on radio and television.
Finding a solution to the issue of Palestinian refugees has remained the main hurdle for an Israeli-Palestinian peace settlement. This book represents a comprehensive political analysis of the Palestinian refugee issue. It tackles the matter on four dimensions. First, the historical context of the Palestinian exodus in both 1948 and 1967 is reviewed. Second, the question is traced whether there exists a Palestinian "right of return" according to international law. Third, an examination is presented regarding how and why the issue of refugees has remained a stumbling block during the Israeli-Palestinian peace talks. Fourth, the main part of the book analyses potential solutions to the refugee question, complementing the existing proposals with models developed by the author. What are their implications for both sides? What are the advantages and disadvantages of each proposal to Israelis and Palestinians, respectively? What is the relevance of each proposal as a mutually acceptable solution? Finally, a set of recommendations and guide-lines for future Israeli-Palestinian negotiations on refugees is presented. Overall, this study constitutes a valuable reference for anyone interested in a solution of the most intractable aspect of the Israeli-Palestinian conflict.

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