The Israeli government has been taking the position that
any hope for a permanent peace settlement with the
Palestinians must be preceded by a number of
preconditions. One of the leading preconditions is that
the Palestinian authority reject any claim for a
right of return.
What this refers to is the fact that, during the 1948 war
for Israeli independence against the surrounding Arab
countries, thousands of Palestinian Arab families left
those parts of Palestine controlled or occupied by
Israeli military forces. Some of these families left
because they found themselves in the line of fire. Others
left out of fear of living under Israeli rule. And still
others left because of appeals by surrounding Arab
governments to clear out of the way of their advancing
armies.
The joint attempt by the governments of Egypt, Jordan,
Syria, and Lebanon to militarily crush the new state of
Israel failed. And the thousands of Palestinian Arab
families then found themselves exiled in refugee camps in
the surrounding Arab countries. Many of them and their
offspring have now been living in the camps for 55 years.
During this time, they became pawns of the Arab countries
that were their hosts. For the most part, they were
prevented from accepting the reality of the situation and
going on with their lives by integrating themselves into
the host countries. Instead, the host governments wanted
them to remain in the camps with the bill for
their food, housing, and care paid for primarily through
international organizations, including the United
Nations. The Arab governments could point to the poor and
primitive conditions in which the Palestinians lived as a
propaganda tool against the Israelis on the stage of
world opinion.
The Israelis are adamant against any right of
return by Palestinian refugees or their
descendants. A large influx of refugee Palestinian Arabs,
they argue, would threaten the demographics that now
makes Israel a Jewish state. The Palestinians
and their descendants who find themselves in this
situation will have to accept living either in their host
countries or in what would eventually become a
Palestinian political entity on the West Bank.
What has not been raised in almost any of the debates of
a right of return has been the issue of
legitimate property-right titles. The real property and
personal property that the Palestinian refugees left
behind were owned by them. The land, buildings, and
related assets were, in many cases, the legal property of
those families for generations. War and the fear of
battle drove them into the neighboring Arab countries
that were viewed as taking them out of the harms
way of combat.
If a settlement is reached between the Israelis and the
Palestinians, justice would suggest that all legitimate
property should be returned to its rightful owners and
that residence by those owners on their property should
be once again permitted. Indeed, one of the points made
over the last 10 years concerning the wars in the former
Yugoslavia has been that ethnic cleansing has
driven people from their land and homes and that they
should be allowed to return even if the conquering
group has now redistributed the property to members of
their own national or ethnic group. Why? Because it is
stolen property and the new occupants are in possession
of ill-gotten gains.
If the present occupants of Palestinian properties wish
to privately offer some monetary settlement to the rightful
Palestinian owners, so that they may retain the land and
related assets seized and redistributed to Israelis more
than half a century ago, they should certainly be free to
do so. And, indeed, many of the descendants of the
originally uprooted Palestinian property owners might
very well prefer a cash settlement to returning to a
piece of land they have never seen. But if the original
owners or their descendants did, in fact, wish to reclaim
that which is rightfully theirs, justice and the
principle of private property suggests that they must be
allowed to do so.
Would this possibly change the demographic balance of the
state of Israel? Quite possibly. But the original
founding of the Israeli state disrupted the demographic
balance in which the Palestinian Arabs had long been the
majority. What this would force the Israelis and many
others to rethink would be the rationale and justice of
attempts to maintain ethnically or religiously based
societies by hermetically sealing them off by means that
violate fundamental rights of human freedom
including the right of private property and the freedom
of peaceful residence.
What would be illegitimate and inconsistent with the
fundamental principles of liberty would be for the
Israelis to expect U.S. taxpayers to foot the bill to
cover compensation or resettlement costs of the displaced
Palestinian families and their descendants as part of any
road map for a Middle East peace agreement.
Those who support or feel any personal ties to the
maintenance of Israel as a Jewish state should be free to
contribute money to buy the property titles from their
original Palestinian owners.
But a denial of private property rights and the right to
live and work on that which individuals rightfully owned
is not a basis upon which to establish a lasting and
justice peace.
Richard Ebeling is the Ludwig von Mises Professor of Economics at Hillsdale College in Michigan and serves as vice president of academic affairs at The Future of Freedom Foundation.
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