A Critical Study in the General Assembly Resolutions 181, 194 Related to the Palestinian Issue

Discussion Committee: 
Dr. Basel Mansour
Ahmad Hasan Abu Ja'far
This study deals with the General Assembly resolutions 181,194 related to the Palestinian Issue. It studies the mentioned resolutions from the conditions they were issued and their effects on the region in general and particularly on the Palestinians. The researcher studies the special legal dimension of these two resolutions, the foundation of the Israeli State and the international recognition of Israel which was a result of the resolution issued by the United Nations. The introductory chapter of this study is dedicated to the Zionism, , its ideology and also Bazel conference which was held in 1897 in Switzerland. The most important resolution of Bazel conference was to establish the national homeland for the Jews in Palestine. The mentioned conference urged the Jews leaders to make the Ottoman Turks accept that request, but sultan Abdul Hameed rejected the temptations of the Jews leaders. In addition, the researcher investigates the European interference in Palestine; that interference was obviously clear through Before declaration. The study investigates the legal value of that declaration. That mentioned declaration was the strangest in the world, because George Arther Belfour, the Foreign Affairs Minister of Great Britain, promised the rich Jew, Rocheld to establish a Jewish state on the territories of Palestine. That declaration occurred in 1916 when Palestine was still under the Ottoman Turks control and Great Britain doesn’t possess Palestine. I also discuss the General Assembly resolution "3379" which considers the Zionism a kind of racism, that resolution was taken in 1975,and it was cancelled in 1991 by the General Assembly itself. In the introductory chapter, I study the discussion of the Palestine issue in the United Nations. I also discuss the transfer of the Palestine issue to the United Nations. That step was taken by Great Britain and the USA governments. The United Nations decided to send a special committee to Palestine to investigate the situation there. That committee was called UNSCO Pthe United Nations Special Committee on Palestine. The committee submitted a special report about its investigation in Palestine. I point out that the United Nations violated its convention when it issued the division resolution of Palestine, because the Arabs formed the majority of the population of Palestine in that time, and so they had the right to decide their destination. Besides, the United Nations isn’t legally entitled to impose such resolution on the Palestinian people. The first chapter is dedicated to study the different attitudes towards the General Assembly division resolution, and the legal value of such resolution. I study the Palestinian and the Arab attitudes towards that resolutions. The division resolution was rejected both by the Palestinians and the Arab Governments. The British Government was pleased when the division resolution was issued by the General Assembly, because the Palestine issue was considered a big burden on Great Britain during that period. The British mandatory in Palestine commented, ' we accept the division resolution 181, and we will do our best to implement its items. If we want to talk about the USA attitude towards the division resolution, the USA supported the division resolution at first, but after a short period, the USA Government changed its mind and suggested a temporary guardianship on Palestine. But as soon as Israel announced its independence by the Jew leader, David Bin Gurion, the USA announced its recognition of the new born state. That recognition was in sharp contrast with its previous situation. I study the effects of the division resolution on the Palestinians and the General Assembly capacity to take such decision, and also the legality of Israeli foundation. The division resolution had dangerous effects on the Palestinians, especially the immigration of the Jews to Palestine, and the dismissal of the Palestinian people from their homeland, Palestine. As for the capacity of the United Nations to take such resolution, it is obvious that article 2 from the United Nations Convention prevents the UN from interfering in the independent states internal affairs. I also study the legality of Israel foundation. Israel depended on religious and historical claims, but these claims dont give Israel the right to establish its state on the territories of Palestine. The second chapter is dedicated to the General Assembly resolution "194" related to the right of return for the Palestine refugees , the compensation for those who don’t want to return and the right to self-determination. I also study the Israeli and the Palestinian attitudes towards that right, the Palestinian refugees, the foundation of the UNRWA and the legal value of the United Nations resolutions on Palestine. The Palestinians reject to abandon that mentioned right. As for the Israeli attitude, Israel has been rejecting that right and its doesn’t depend on legal bases, but it depends on the Israeli vision which says that the return of the Palestinian refugees will threaten the survival of the Jews. The second chapter deals with the criticism of the right of return for the Palestinian refugees and the possibility to apply this right in the future. The right of return is guaranteed by the international law. Most of the legal experts say that the right of return is applicable as it depends on the rules of the international law and it won’t threaten the survival of Israel. I also study the obstacles and hardships which prevent the right of return for the Palestinian refugees from being implemented. I elaborate the recommendations to achieve the right of return for the Palestine refugees, and I believe that the right of return should be open for any Palestinian who wants that. In conclusion, I see that Israel has a historical opportunity to live in peace with the Palestinians and its neighbors in the Arab world, and Israel should catch the mentioned opportunity. But Israel can do that if it implements the international resolutions to give the coming generations the hope and the chance to live peacefully on the holy land of Palestine.
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