اللاجئون الفلسطينيون والعدالة الإنتقالية
دعاء نظمي عبدلله جعبري
Do'aa Nathmi Ja'bari
More than seventy years have passed since the Palestinian catastrophe (Nakba), which resulted in the problem of Palestinian refugees through the forced displacement of the majority of the population that used to live in Palestine on where Israel later was established. This study is divided into three chapters in order to address the possibility of applying transitional justice as a mechanism to solve the issue of Palestinian refugees who were displaced in 1948, using the descriptive analytical historical approach. In the first chapter, the historical roots of the Nakba and Palestinian asylum are highlighted . Both official Israeli and Palestinian narratives are covered. The chapter later reveals that the forced displacement of Palestinians and the removal of the population from the land was due to previous well-thought plans for the establishment of the national home for the Jews. Then the chapter goes to examine the extent of legitimacy of the displacement and nationality confiscation committed by Israel under international law, which later became clear that these were war crimes and crimes against humanity committed against Palestinian refugees. The second chapter addresses the right of return under international law, demonstrating where right was enshrined in international covenants and the resolutions of the United Nations. It also addresses the attempts that were made to solve the plight of the Palestinian refugee issue, whether within the framework of resettlement projects or peace negotiations. Unfortunately, despite the fact, many peace efforts were made, no remedies have been provided to Palestinian refugees yet. Chapter three tackles the use of transitional justice as a mechanism for solving the refugee problem when applied to Palestine. The chapter addresses the judicial and non- judicial mechanisms that have been introduced, and references the experiences of precious countries with transitional justice application to draw on the benefits which can be applicable to the Palestinian-Israeli case. It clarifies that in order to achieve this, comprehensive reforms must be undertaken in the Israeli legal and judicial system that prohibit the right of return for Palestinian refugees. Meanwhile, at the Palestinian front, comprehensive legal reforms must be taken to end the internal political division between Fatah and Hamas, and hold presidential and legislative elections. This can only happen through the forming of a truth commission, which includes a human rights committee, to conduct public hearing for victims and survivors, a refugee affairs committee, and a reparation and rehabilitation committee. In addition, this needs to be accompanied by pursuit of criminal justice surrounding the crime of force displacement, whether by activating the jurisdiction of the international Criminal Court or the establishment the hybrid courts.