الأساس القانوني لحل مشكلة اللاجئين الفلسطينيين في إطار التسوية السلمية للنزاع العربي الإسرائيلي

الملخص EN

With the movement towards a peaceful settlement of Arab - Israeli Conflict, the problem of the Palestinian refugees remains one of the main and most complicated issues in the negotiations between the two parties.

This paper aims at analyzing the legal basis which guarantees the rights of the Palestinian refugees.

The refugees are differentiated into two groups: The refugees of 1984 and the refugees of 1967.

The first group is guaranteed the individual right to return, while the second group is guaranteed the national right to self determination and to the establish- ment of a Palestinian State in addition.

Depending on the legal analy- sis method, the paper discusses two main issues.

First, is the studying of the legal basis for the protection of the rights of refugees in the gen- eral international law and its applications on the Palestinian refugees case.

Second is the studying of the resolutions of the UN, concerning the case, as an independent legal source.

In the conclusion, the paper explicates the potentials and limitations these legal rights hold for the Arab and Palestinian negotiator.

The final recommendation is not to accept any comprisable solution which would affect in any manner these ligitimate rights.

Only compromises in mechanism, and steps should be tolerated.