Stolen Nation: The Right to Reparation of Palestinian Refugees

(Hardback)

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While Palestinians continue to face the threat of expulsion from their homes, identifying legal mechanisms that can be used to assert Palestinians property rights is needed more than ever. This book provides a legal analysis of the right to reparation of Palestinian refugees under international law for the destruction and expropriation of their property during the Nakba . Discussing the legal landscape related to property ownership prior to the creation of the State of Israel and the legal basis for the right to reparation under international law, Lena El-Malak advocates for a law-based approach to enforce this right and the form it should take. The book demonstrates how the legal rights of Palestinian refugees, specifically as related to their properties, have been marginalized and excluded from the political discourse of the peace process. Here, the legal rights of Palestinian refugees are demonstrated, challenges for invoking these rights in international and domestic courts are determined, and forms of restitution and compensation outlined. This study offers a timely contribution to provide a comprehensive legal, as opposed to a political, economic or historical analysis, of the right to reparation of Palestinian refugees for their property losses. Additionally, the book seeks to demonstrate the importance of adopting a legal framework in any future negotiation for a peaceful resolution to this long standing struggles for liberation.

Reviews

This is a deeply researched and much-needed study of the international legal background surrounding to Palestinian refugee reparations. It makes a wonderful contribution to the growing literature not onlyl on reparations to Palestinian refugees from the 1948 Arab-Israeli War but reparations more broadly by approaching the topic from a law and rights-based perspective. Scholars and diplomats dealing with the Arab-Israeli Conflict and other conflicts as well will benefit from its insights. -- Michael R. Fischbach, Professor of History, Randolph-Macon College, Virginia, US
Richly researched and lucidly written, this book is a vital contribution to understanding an under-documented issue: the right of the Palestinian refugees to reparations for their individual and collective losses following the war of 1948. Anchored in international law, Lena El-Malak argues, convincingly, that a rights-based approach must be incorporated into a broader liberation movement that would bring peace with justice to the Middle East. * Michael Lynk, Professor Emeritus, Windsor University, Canada *

Author Bio

Lena El-Malak is a technology and data privacy attorney, as well as an expert in public international law and refugee law. Prior to pivoting into a commercial legal career, she worked as a legal and development consultant and has published several reports and studies on issues related to the Middle East. She completed a doctoral thesis in public international law at the School of Oriental and African Studies (SOAS), University of London, UK.