Only UNCCP provided protection and UNRWA only offers assistance, so, therefore, the ipso facto clause is now in force.
As shown by the European funding of UNRWA in 2017 and 2018, the threat of the ipso facto clause in Article 1(D) has at least encouraged countries to fund UNRWA and not merely let it disintegrate as UNCCP did.
Emerging from this special regime was the interventionist role of the UNCCP
which focused on political negotiations with Israel.
Today, the reference to "organs and agencies of the United Nations other than the United Nations High Commissioner for Refugees" in Article 1D of the Refugee Convention and Article 1(2)(i) of the Statelessness Convention is usually read as a reference to UNRWA since UNCCP
doesn't actually do anything anymore.
Narrowing his scope to the work of the UNCCP
in the second chapter, Fischbach reveals fascinating and mostly unknown historical material.
Section Two charts the formation in December 1948, and initial endeavors of the UNCCP
, while sections Three and Four address Israeli, Arab, and international policies and proposals as they developed during the same period.
government, the UN has adopted a sui generis regime for Palestine refugees, by creating (UNCCP
and) UNRWA and by incorporating article 7(c) in the UNHCR Statute and article 1 D in the 1951RC.
Terry Rempel argues that the UNCCP
was assigned with a dual mandate: a broad mandate for conciliation of all outstanding issues between the parties, and a specific mandate for the protection and promotion of a durable solution for Palestinian refugees.
(40.) At the UNCCP
conferences, the position of the Arab states focused on the following: (i) the Palestinian refugees had to be given a free choice about returning to their homes, and only then could compensation be determined as between those returning and those resettling elsewhere; (ii) compensation was to be paid to individual claimants; (iii) compensation should reflect the true value of the property; (iv) Israel bore the principal responsibility for paying the compensation, and if it is unable to pay the full amount, the United Nations also bore responsibility because of its role in the 1948 partition; and (v) the refugees must be represented at the different stages of negotiations.
Two separate UN bodies were set up by the international community, UNRWA and the defunct United Nations Conciliation Commission for Palestine (UNCCP
) for this effort and to ensure that the rights of Palestinian refugees were protected.
This resolution, which established the United Nations Conciliation Commission for Palestine (UNCCP
), provides at paragraph 11: Resolves that the refugees wishing to return to their home and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible; Instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation....
The United Nations Conciliation Commission for Palestine (UNCCP
), established with the purpose of seeking a just and durable solution to the Palestinian refugee question, has now lain effectively dormant for more than half a century, thus depriving Palestinian refugees of a UN agency mandated with the provision of legal protection.