Fora Available for Palestinian Refugee Restitution, Compensation and Related Claims

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BADIL Resource Center for Palestinian Residency and Refugee Rights




This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the property lies, i.e, Israel. Israeli law has essentially foreclosed the right of Palestinians to make such claims. However, there are possible fora in which claims can be made for establishing and furthering the principles of restitution and compensation—as well as the principle of return-- and for raising public awareness of such rights for the Palestinians. There are three categories of potential fora: international; domestic; and a loose category referred to here as “Negotiated Agreements or Resolutions”. All potential and feasible fora for such claims are summarized below.

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