Israel's Citizenship Law: Exclusion Of Palestinians?

Israel's citizenship laws have a complex history, with the country's establishment in 1948 as a Jewish state leading to the displacement and expulsion of hundreds of thousands of indigenous Palestinians. While some Palestinians were granted Israeli citizenship, they faced military rule, segregation, land confiscation, and restrictions on movement and speech. Today, Palestinian citizens of Israel continue to face widespread discrimination and marginalization, with laws in place that directly or indirectly impact their access to housing, employment, education, healthcare, and freedom of movement. The Jewish nation-state law passed in 2018 further entrenched the idea of apartheid, declaring the right to self-determination solely for Jewish people. As such, the application of Israeli citizenship laws to Palestinians has been a contentious issue, with ongoing struggles for equal rights and recognition of Palestinian identity within Israel.

The 1950 Law of Return and 1952 Citizenship Law

The 1950 Law of Return and the 1952 Citizenship Law are two primary pieces of legislation that govern the requirements for Israeli citizenship.

The 1950 Law of Return

The Law of Return, passed on 5 July 1950, grants Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire Israeli citizenship. This law was passed unanimously by the Knesset, Israel's Parliament, to give effect to the Zionist movement's credo, which called for the establishment of Israel as a Jewish state.

The law declares that "every Jew has the right to come to this country as an oleh [immigrant]," and it gives them the right to settle in Israel and receive full citizenship. It is important to note that the law does not provide a definition of "who is a Jew," which has led to divergent views among the various streams of Judaism. The absence of a clear definition was tested in the 1962 Supreme Court case of Rufeisen v. Minister of the Interior, where a Polish Jew who converted to Catholicism was ruled to no longer meet the criterion of being a Jew.

In 1970, the Law of Return was amended to extend the right of return to some non-Jews, including children, grandchildren, and spouses of Jews. This amendment was influenced by the debate on "who is a Jew?" and the desire to increase immigration levels to offset the "demographic threat" posed by the growth of the Arab population. The amended law provides a more detailed explanation of who qualifies as a Jew, including those born to a Jewish mother or those who have converted to Judaism and are not adherents of another religion.

The 1952 Citizenship Law

The 1952 Citizenship Law, also known as the Nationality Law, details the requirements for Israeli citizenship based on an individual's religious affiliation. It also explicitly repeals all prior British-enacted legislation concerning Palestinian nationality. This law was passed as follow-up legislation to the Law of Return to address immigration matters.

The Citizenship Law outlines multiple ways in which Israeli nationality can be acquired: by return, residence in Israel, birth, birth and residence in Israel, naturalization, or grant. It provides the conditions under which each of these paths to citizenship can be achieved. For example, nationality by residence in Israel is granted to those who were registered inhabitants as of 1 March 1952, have been inhabitants of Israel since, and were in Israel or Israeli territory from the day of the establishment of the state until the coming into force of the law.

The Citizenship Law also addresses the loss of nationality, including through renunciation, annulment, and deprivation. For instance, Israeli citizenship can be voluntarily relinquished by a declaration of renunciation, provided the declarant is living overseas and already possesses another nationality. Citizenship may also be involuntarily removed from individuals who fraudulently acquired it or willfully performed an act of disloyalty to the state.

Application to Palestine

The application of these laws to Palestine is complex due to the region's history and the ongoing Israeli-Palestinian conflict. While the 1950 Law of Return grants Jews the unrestricted right to immigrate to Israel and become citizens, it does not explicitly address the situation of Palestinians. The 1952 Citizenship Law, on the other hand, explicitly repeals British-enacted legislation concerning Palestinian nationality, indicating that Palestinian citizens of the British mandate did not automatically become Israeli.

Following the 1948 Arab-Israeli War, Israel controlled the majority of former Mandatory Palestine, and the West Bank and Gaza Strip fell under Jordanian and Egyptian administration, respectively. Many Palestinian Arabs were displaced during the war, and those who remained in Israel were subject to strict residency requirements for claiming citizenship. The Citizenship Law's requirements were designed to systematically exclude Arabs from participation in the new state, and about 90% of the remaining Arab population was barred from citizenship.

In 1980, the Knesset amended the Citizenship Law to resolve the issue of statelessness for this group of residents, granting citizenship to all Arab residents who had been living in Israel before 1948, along with their children. However, Palestinians residing in the West Bank and Gaza Strip continue to be largely considered stateless, and the Law of Return does not apply to residents of these areas as of 2005.

In conclusion, while the 1950 Law of Return and the 1952 Citizenship Law outline the requirements for Israeli citizenship, their application to Palestine is complex and has been a subject of ongoing debate and conflict.

The status of Palestinian Arabs

Palestinian Arabs are an Arab ethnonational group native to the region of Palestine. They constitute almost 21% of the population in Israel proper and are part of its Arab citizens. Many are Palestinian refugees or internally displaced Palestinians, including over 1.4 million in the Gaza Strip, over 870,000 in the West Bank, and around 250,000 in Israel proper.

Palestinian Arabs have a complex history and their national identity is a disputed issue among scholars. The term "Palestinian" is used to refer to the nationalist concept of a Palestinian people by Palestinian Arabs from the late 19th century and in the pre-World War I period. However, others assert that Palestinian identity encompasses the heritage of all eras, from biblical times up to the Ottoman period.

The Palestinian National Charter, as amended by the PLO's Palestinian National Council in July 1968, defined "Palestinians" as "those Arab nationals who, until 1947, normally resided in Palestine regardless of whether they were evicted from it or stayed there." It also includes "Anyone born, after that date, of a Palestinian father—whether in Palestine or outside it— [who] is also a Palestinian."

Palestinian Arabs have faced expulsion, displacement, and denial of citizenship rights throughout their history. In 1948, the establishment of the State of Israel and the Palestinian expulsion led to the displacement of 720,000 Palestinian Arabs, with only 170,000 remaining in Israel. Despite international support for the return of displaced Palestinians, the Israeli government refused, citing security concerns.

Palestinian Arabs who remained in Israel faced strict residency requirements for citizenship. They had to be nationals of the British Mandate before 1948, register as Israeli residents since February 1949, maintain their registration, and not leave the country before claiming citizenship. These requirements excluded about 90% of the Arab population from citizenship, leaving them stateless.

In 1980, the Knesset amended the Citizenship Law to grant citizenship to all Arab residents living in Israel before 1948, along with their children, resolving their statelessness. However, Palestinians in the West Bank and Gaza Strip continue to be largely considered stateless.

Palestinian Arabs have experienced systemic discrimination and been denied many rights due to their ethnicity and religion. The adoption of laws and policies made access to certain rights and services contingent on military service, from which most Palestinians are exempted. As a result, they have fared worse than Jewish citizens in various areas, including education, healthcare, housing, employment, and social welfare.

Palestinian Arabs have resisted their state-imposed inferior status and constantly struggled to maintain their existence as individuals and as a collective in their homeland. Their resistance has taken various forms, including civil disobedience, political activism, and the establishment of nationalist groups. Despite repression and adverse conditions, Palestinian Arabs continue to assert their identity and seek equal rights and recognition as an indigenous nation within Israel.

The Nationality Law of 1952

The 1952 Nationality Law, or the Citizenship Law, is one of the two primary pieces of legislation that govern the conditions by which a person holds citizenship of Israel. The other is the 1950 Law of Return.

The 1952 Citizenship Law details the requirements for Israeli citizenship, depending on an individual's religious affiliation. It also explicitly repeals all prior British-enacted legislation concerning Palestinian nationality. The law was amended in 1971 to allow any Jew who formally expresses their desire to migrate to Israel to immediately become an Israeli citizen without any requirement to enter Israeli territory.

The law outlines several ways in which Israeli nationality can be acquired: by return, residence in Israel, birth, birth and residence in Israel, naturalization, or by grant. It is important to note that there shall be no Israeli nationality except that which is conferred by this law.

Nationality by return:

• Every "oleh" (immigrant) under the Law of Return, 1950, shall become an Israeli national by return unless Israeli nationality has already been conferred on them by birth.
• Israeli nationality by return is acquired by a person who came as an "oleh" into or was born in the country before the establishment of the State, with effect from the day of the State's establishment.
• It is also acquired by a person who came to Israel as an "oleh" after the State's establishment, with effect from the day of their "aliyah" (immigration).
• A person born in Israel after the State's establishment acquires Israeli nationality by return from the day of their birth.
• A person who has received an "oleh" certificate under section 3 of the Law of Return, 1950, acquires Israeli nationality by return from the day the certificate is issued.

Nationality by residence in Israel:

• A person who was a Palestinian citizen immediately before the establishment of the State and does not become an Israeli national under the "nationality by return" section, shall become an Israeli national with effect from the day of the State's establishment if they meet certain registration and residency requirements.
• A person born after the establishment of the State who is a resident of Israel and whose parent becomes an Israeli national under the above condition shall become an Israeli national with effect from the day of their birth.

Nationality by birth:

• A person born in Israel while their father or mother was an Israeli national shall be an Israeli national from the date of their birth.
• A person born outside Israel while their father or mother was an Israeli national by residence in Israel shall be an Israeli national from the date of their birth.

Nationality by birth and residence in Israel:

A person born after the establishment of the State in a place that was Israeli territory on the day of their birth, and who has never had any nationality, shall become an Israeli national if they apply for it between their 18th and 21st birthdays and have been an Israeli resident for five consecutive years before their application.

Nationality by naturalization:

A person of full age, not being an Israeli national, may obtain Israeli nationality by naturalization if they meet certain requirements regarding residence in Israel, intention to settle, knowledge of the Hebrew language, and renunciation of their previous nationality.

Nationality by grant:

The Minister of the Interior may grant Israeli nationality by issuing a certificate to minors who are residents of Israel upon the application of their parents.

The Entry into Israel Law of 1952

Part One: Permission of Entry and Residence

This part of the law outlines the visa and residence requirements for non-Israeli nationals. It states that entry into Israel for non-nationals must be through an "oleh's visa" or a visa obtained under this law. Residence in Israel for non-nationals is permitted through a residence permit granted under the law. The Minister of the Interior is responsible for granting these visas and permits.

The law specifies different categories of visas and permits: transitory residence (up to 5 days), visitor's residence (up to 3 months), temporary residence (up to 3 years), and permanent residence. It also allows the Minister to substitute shorter-term permits with longer-term ones or permanent residence permits. Additionally, return visas can be granted to those who wish to leave Israel temporarily and return.

Part Two: Procedure of Entry

This part of the law outlines the procedures for entering Israel. It mandates that individuals, regardless of nationality, must enter through designated frontier stations and report to a frontier control officer with a valid passport or laissez-passer. The law also gives the Minister of the Interior the authority to exempt certain individuals from these requirements under special circumstances.

Transport carriers, such as ship masters or aircraft personnel, are required to provide a list of passengers and crew to the frontier control officers. These officers have the authority to inspect the means of transportation, and individuals within it must produce any requested documents and provide relevant information.

Part Three: Miscellaneous Provisions

This part of the law covers a range of additional provisions and enforcement mechanisms. It grants the Minister of the Interior the power to cancel visas and permits under specific circumstances, such as if they were obtained through false information. It also outlines penalties for various violations, including imprisonment for individuals who enter or reside in Israel illegally, provide false information, or infringe on the conditions of their visa or permit.

The law includes provisions for deportation, with the Minister of the Interior having the authority to issue deportation orders. It also addresses the collection of expenses incurred during deportation, particularly in cases where employers hired individuals without the necessary permits.

The Minister of the Interior is responsible for implementing the law and can appoint frontier control officers. The law also allows for the delegation of powers, excluding the power to make regulations. It provides a mechanism for individuals to appeal decisions made under certain sections of the law.

The law also includes exemptions for diplomatic and service visa holders, as well as additional exemptions that the Minister can grant based on international conventions, agreements, or reciprocity. It concludes with transitional provisions, ensuring that individuals who entered Israel before the law's enactment are not adversely affected and outlining a process for individuals who left Israel before November 29, 1947, to apply for permission to return.

Amendments and Updates

One notable amendment is the Entry into Israel (Amendment No. 28) Law, passed in 2017, which prohibits the grant of entry and residence permits to individuals or organizations that promote or participate in boycotts against the State of Israel. This amendment includes a definition of "boycott" and allows the Minister of the Interior to grant exceptions under special conditions.

The Prevention of Infiltration Law of 1954

The primary objective of this law was to prevent the entry of Palestinian fedayeen into Israel, as defined by the 1949 Armistice Agreements, and allowed for their expulsion. This law was enacted in the context of the 1948 Arab-Israeli War, which resulted in the displacement and flight of many Palestinian Arabs. Many of these individuals attempted to return to their homes inside Israel in the years following the war, and the Israeli authorities responded by passing laws to forbid their entry, designating them as "infiltrators."

The Prevention of Infiltration Law has been amended multiple times, including in 2013, to address illegal immigration from Africa, and in 2011, when it was amended to define asylum seekers entering Israel through its southern border as 'infiltrators'. This amendment was criticised by human rights organisations as it allowed for the automatic detention of asylum seekers for up to three years, which was considered a violation of international refugee law and human rights standards.

The Prevention of Infiltration Law is part of a broader set of laws and policies enacted by Israel that restricted Palestinian access to citizenship and imposed military rule on the Palestinian population, controlling various aspects of their lives, including movement, employment, and education.

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