巴以和平进程中的转型正义问题研究

Abstract:This paper suggests constructive ways to negotiate the Palestinian refugee’s issue in future negotiation between Israelis and Palestinians. On the basis of transitional justice（hereafter：TJ）practices，which have been tried in similar conflict situations around the world，the paper analyzes documents and memoirs from the 1990-2000’s Oslo Peace Process to suggest how the issue of the right of return of Palestinian refugees can be solved using a more complex approach that results in a‘win-win situation’. Following the TJ approach the suggestion contains（1）symbolic aspects such as recognition of the past by exploring the truth，recognition of contradictory narratives，reparation in a symbolic manner such as memorial days to remember victims；and （2）practical aspects that include material reparations，compensations for victims，and rehabilitation of refugees. To this end，Israel should agree to acknowledge the Palestinians’ right of return to their‘homes’，since this is where they lived until they became refugees. Nevertheless，on a practical level，there would be only a limited return of refugees to Israel’s territories，however with the possibility of choosing to return to the territory of the future Palestinian state and with compensation and rehabilitation programs.

收起