UN General Assembly Resolution 194 and the Palestinian Right of Return
Adopted on December 11, 1948, UN General Assembly Resolution 194 stands as one of the most debated documents in the history of the Israeli-Palestinian conflict. Emerging near the end of the 1948 Palestine war, this resolution sought to establish principles for a final settlement and address the plight of Palestinian refugees who had been displaced during the hostilities.
At its core, the resolution aimed to facilitate peace between Israel and the surrounding Arab states. It called for the creation of the United Nations Conciliation Commission to continue the diplomatic work of the UN Mediator, Count Folke Bernadotte, who had been assassinated by Jewish paramilitaries while attempting to broker a truce.
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Key Facts
- Date of Adoption: December 11, 1948.
- Voting Result: Adopted with 35 votes in favor, 15 against, and 8 abstentions.
- Primary Focus: Establishing a Conciliation Commission and defining the return of refugees.
- Article 11: The specific section often cited as the legal basis for the Palestinian right of return.
- Impact: Served as a foundational reference for the establishment of UNRWA (United Nations Relief and Works Agency).
The Origins and Context of Resolution 194
The resolution was born out of the humanitarian crisis of the 1948 war, during which approximately 700,000 Palestinian Arabs—roughly 85% of the total population in the territories conquered by Israel—fled or were expelled from their homes.
Count Folke Bernadotte, the UN Mediator, argued that these displaced persons had a right to return to their homes. In his reports, he suggested that the UN recognize the right of residents who left their homes due to the conflict to return without restriction and regain their property. While his proposal to incorporate Jerusalem into Arab territory caused friction with Israeli leadership, his insistence on the return of refugees became the cornerstone of Resolution 194.
Voting and Initial Reception
The resolution was passed by a majority of the 58 UN member states at the time. Interestingly, the six Arab League countries involved in the war initially voted against it. The Communist bloc also voted against the resolution, despite having already recognized Israel as a de jure (legal) state. Both Palestinian representatives and Israel objected to various articles of the resolution at the time of its passing.
Competing Interpretations of the Right of Return
The central point of contention regarding Resolution 194 is whether it enshrines a legal right of return for Palestinian refugees.
The Palestinian and Arab Perspective
While Arab states initially opposed the resolution, they became its strongest advocates by 1949. Palestinian organizations, including the Palestine Liberation Organization (PLO), view Resolution 194 as a primary source of legal authority for the right of return. Palestinian President Mahmoud Abbas and other leaders have frequently cited the resolution as the basis for a "just solution" to the refugee problem.
The BDS (Boycott, Divestment, Sanctions) movement also asserts that Israel is obligated under international law to comply with the stipulations of Resolution 194 regarding the return of refugees to their homes and properties.
The Israeli Perspective
Israel disputes the claim that the resolution creates a binding obligation to allow refugees to return. Israeli leadership, starting with Prime Minister David Ben-Gurion, argued that the return of Palestinians should be prevented. Later, Prime Minister Yitzhak Shamir stated that such a return would never happen, asserting that only a Jewish right of return to the land exists.
Some critics, such as Joshua Muravchik, argue that the language of the resolution is recommendatory rather than mandatory, noting that it states refugees "should be permitted" to return at the "earliest practicable date," and only for those "wishing to... live at peace with their neighbors." Israel has also historically argued against providing compensation for abandoned land and property.
Summary of Resolution 194
| Feature | Details |
|---|---|
| Resolution Code | A/RES/194 (III) |
| Primary Objective | Final settlement of the Palestine dispute and refugee repatriation |
| Key Mechanism | United Nations Conciliation Commission |
| Controversial Article | Article 11 (Refugee return and compensation) |
| Voting Outcome | 35 For / 15 Against / 8 Abstain |
Frequently Asked Questions
What is the main purpose of UN Resolution 194?
The resolution was designed to establish a Conciliation Commission to facilitate peace between Israel and Arab states and to define principles for the return of Palestinian refugees to their homes following the 1948 war.
Does Resolution 194 guarantee a right of return?
This is a point of intense dispute. Palestinian representatives and many international organizations argue that it enshrines a legal right of return. Israel and some critics argue the language is a recommendation and is conditional upon the refugees' willingness to live in peace with their neighbors.
Who was Folke Bernadotte?
Count Folke Bernadotte was the UN Mediator for Palestine whose reports and suggestions regarding the right of return for displaced Palestinians formed the basis for Resolution 194. He was assassinated by Jewish paramilitaries in 1948.
How did the voting for the resolution break down?
Of the 58 UN members, 35 voted in favor, 15 voted against (including the Arab League and the Communist bloc), and 8 abstained.
What is the connection between Resolution 194 and UNRWA?
Resolution 194, particularly Article 11, was cited in the subsequent UN General Assembly Resolution 302, which established the United Nations Relief and Works Agency (UNRWA) to provide aid to Palestinian refugees.