formerly part of the Turkish/Ottoman Empire whose “existence as independent nations can be provisionally
recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time
as they are able to stand alone.”73 This recognition of Palestinians as a national people has been affirmed
numerous times by the United Nations.74
The 1923 Treaty of Lausanne ending World War I established the nationality of persons who had previously
been subjects of the Turkish/Ottoman Empire, setting out that those who resided in territories that would
become the territory of another state upon the treaty coming into effect would become “nationals of the
State to which such territory is transferred.”75 The territory then-constituting Palestine was allocated to
the British Government, which had occupied it since 1917, to govern as “Mandate Palestine”. However,
under the League of Nations framework in existence at the time, people of a Mandate territory were not
considered nationals of the Mandatory state, but became nationals of the newly recognised Mandate
territory.76 Thus, under the terms of the Treaty of Lausanne, Palestinian nationality was established in
international law, comprising persons who had been subjects of the Turkish/Ottoman Empire who then
resided in the British Mandate territory of Palestine.77 This nationality was codified – but with some
variations – in the British Mandate’s “Palestine Citizenship Order” of 1925.78 As discussed above, other
international law also protects Palestinians’ entitlement to be granted the nationality of a “successor state”
and does not permit arbitrary deprivation of nationality. Thus, Israel’s subsequent creation and its laws
and actions cannot unilaterally undo an international treaty’s prior establishment of nationality. Palestinian
nationality continues as an entitlement under principles of international law, and carries with it the rights of
self-determination and return.79
Denial of Israeli Nationality
Palestinians are not considered nationals of Israel by operation of Israeli law, even though many have a
right under international law to Israeli nationality. Some (relatively few) Palestinians have acquired Israeli
“citizenship”, but Israeli law reserves “nationality” to Jewish people, who have superior property and other
rights compared to Palestinian “citizens” of Israel. In 2018, Israel passed its Nation State Basic Law, which
expands on previous discriminatory laws and very clearly defines Israel as a state of and for Jewish people,
and explicitly declares that the right of national self-determination in Israel is “unique to the Jewish people”.80
Further, the Israeli Government does not recognise Palestine as a state and considers Palestinians living
in the occupied Palestinian territory to be non-citizen residents.81 Israel’s position violates international
legal principles enshrined in treaties such as the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of all Forms of Racial Discrimination, the 1961 Convention on
73 Article 22 of the Covenant of the League of Nations (28 April 1919), available at: https://avalon.law.yale.edu/20th_century/
leagcov.asp#art22; and see BADIL, Palestinian Self-Determination: Land People, and Practicality (Working Paper No 28,
2021) https://badil.org/cached_uploads/view/2021/11/15/wp-28-self-determination-1636973309.pdf (‘BADIL, Palestinian SelfDetermination’).
74 BADIL, Palestinian Self-Determination, ibid (citing UNGA, The Right of the Palestinian People to Self-Determination, A/
RES/75/172 (28 Dec 2020) https://www.un.org/unispal/document/the-right-of-the-palestinian-people-to-self-determination-garesolution-a-res-75-172/ and UN Resolution 2672(XXV) of 1970, Resolution 3236 (XXIX) of 1974, Resolution 66/146 of 2012,
and Resolution 67/158 of 2013.
75 Treaty of Peace with Turkey Signed at Lausanne, 24 July 1923, entry into force 6 Aug 1924, available at: https://wwi.lib.byu.
edu/index.php/Treaty_of_Lausanne, Article 30.
76 Akram, ‘Palestinian Nationality’ (2021), n 71, 196.
77 Ibid, 195-96.
78 Ibid, 196.
79 Ibid, 209.
80 Basic Law: Israel - The Nation State of the Jewish People (2018), available at https://main.knesset.gov.il/EN/activity/Documents/
BasicLawsPDF/BasicLawNationState.pdf [accessed 30 June 2022]; see also Akram, ‘Palestinian Nationality’ (2021), n 71,
203-04; Adalah, The Discriminatory Laws Database (2017) https://www.adalah.org/en/content/view/7771; and BADIL, Israel’s
Discriminatory Laws: Summary Version (Occasional Bulletin No 26, 2012) https://badil.org/cached_uploads/view/2021/04/19/
bulletinno-26-1618827592.pdf. Israel de-nationalised most Palestinians early in its history, under its nationality law of 1952.
Ibid. 200-201
81 Ibid, 203-04.
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