Volume 35, Issue 1, Spring 2021
The Palestinian Right of Return
The paper argues that individual Palestinians have a right of return to historic Palestine in virtue of being members of the Palestinian people that continues to have occupancy rights in historic Palestine. More specifically, the paper argues that the Palestinians were, when Israel was founded, a people with occupancy rights to their lands, that they continue to be a people to this day, and that their occupancy right has not been alienated, forfeited, or prescripted. The paper then argues that individual Palestinians have the right of occupancy in virtue of being members of the Palestinian people. Because the right has been blocked by Israel since 1948, the right of return is the right of individual Palestinians to be allowed to return to their homeland and exercise their occupancy rights there.