nationality in the context of international law. It stresses the fundamental
differences between citizenship and nationality, and shows how the two have
been used interchangeably by British and then Israeli colonial and settler-colonial
authorities to continue denying nationality and citizenship to Palestinians across
the world. To this end, it does not focus on Palestinians within colonized Palestine
whose rights to citizenship and nationality are dictated by the Israeli regime in
1948 territories, and by the Palestinian Authority (PA) and Israeli regime in the
West Bank and Gaza. The brief thus offers recommendations for what Palestinians
in the diaspora and their representatives in the Palestine Liberation Organization
(PLO) should do to challenge Israel’s settler-colonial apartheid policies and secure
exiled Palestinians their right to be considered as Palestinian nationals with rights
to and in Palestine.3
Nationality, Citizenship, and International Law
While the right of return of Palestinian refugees is enshrined in UN resolutions, the
right of all exiled Palestinians, including refugees and those naturalized as citizens
of other states, to be considered nationals of colonized Palestine from across their
diaspora—and thus, to demand legal representation and rights as Palestinians
from abroad—must be activated. To understand why, we must grasp the core
differences between nationality and citizenship, two concepts the British mandate
and Zionist regimes have consistently and strategically used interchangeably to
obscure nationality rights and bar exiled Palestinians from any claims to Palestine.
Delineating the difference is thus crucial and must form the basis of the
Palestinian response to these Israeli apartheid policies.
Citizenship, which is conferred on individuals based on place of birth, the
nationality of their parents, or naturalization through residency, is determined by
governments in order to grant rights and responsibilities as members of the nation-
2
The Case for Palestinian Nationality
www.al-shabaka.org
the palestinian policy network