Palestine does not currently have a nationality law. The 1968 Palestine National Charter defines who is considered Palestinian, but this is not a nationality law.88 There have been two later efforts by the PLO and the PA, in 1995 and 2012, to establish a Palestinian nationality law, both of which failed.89 In addition, the Palestinian Basic Law of 199790 – meant to be a temporary constitution until a permanent constitution could be drafted and adopted in an independent Palestinian state – discusses Palestinian nationality in broad terms but does not clearly define who is a Palestinian national. It states that “citizenship shall be regulated by law” and thus anticipates a subsequent nationality law, which does not yet exist.91 The details of any future Palestinian nationality law remain unknown: for example, we do not know with certainty if such a law will confer Palestinian nationality to people of Palestinian origin whose families have lived outside Palestine since before 1947; to children born to Palestinian mothers and non-Palestinian fathers; or what proof of Palestinian ancestry might be required for people to register as Palestinian nationals, if registration will be required. Palestine has a limited ability to offer diplomatic protection or consular assistance to Palestinians outside Palestine. Certain governmental functions, including the issuance of travel and identity documents and entry to the West Bank and Gaza are restricted by Israel. There are Palestinian missions in many countries, but, as noted, Palestine is not a sovereign, independent state;92 and it is not recognised as a state by all countries. Thus, in summary, efforts to enact a Palestinian nationality law have failed; and Palestine currently does not have an independent, sovereign ability to issue identity and travel documents, allow persons to enter its territory, or offer full diplomatic protection to Palestinians. In these circumstances, Palestinians cannot be considered nationals of Palestine for the purposes of statelessness determination under the 1954 Convention, which defines a person as stateless if they are “not considered as a national by any State under the operation of its law” (emphasis added). Therefore, Palestinians should be considered stateless for the purposes of the 1954 Convention unless and/or until they can be considered nationals of an independent, sovereign state which has a nationality law. If Palestine does adopt a nationality law, then persons who are considered nationals under the new law might no longer be stateless. However, it will be important to consider other circumstances, including Palestine’s sovereignty and ability to independently issue documentary proof of nationality and/or passports to all persons considered nationals under its laws, to offer them an unrestricted right to enter and reside in the territory, and to provide them diplomatic protection when abroad, as well as other criteria that commonly adhere to nationality. Potential problems relating to prohibitions of dual nationality: The future Palestinian nationality of Palestinians who have acquired a different nationality remains unknown. Many countries permit dual nationality, but some do not. The ability to hold dual nationality will depend on the nationality laws 88 Article 5 of the Charter defines Palestinians as: ‘those Arab nationals who, until 1947, normally resided in Palestine regardless of whether they were evicted from it or have stayed there. Anyone born, after that date, of a Palestinian father - whether inside Palestine or outside it - is also a Palestinian.’ The Palestinian National Charter: Resolution of the Palestine National Council (1968). Available at: https://www.files.ethz.ch/isn/125413/2123_Palestinian_National_Charter.pdf 89 Akram, ‘Palestinian Nationality’ (2021), n 71, 207-208. BADIL has seen drafts of the PA’s proposed nationality legislation, in which the definition of nationality is more exclusive than the Palestine National Charter. 90 Passed by the Palestinian Legislative Council in 1997; ratified by then-President Yasser Arafat in 2002. 91 Akram, ‘Palestinian Nationality’ (2021), n 71, 207-208. The Oslo Accords also define who is eligible to vote in the West Bank and Gaza, but this does not constitute a nationality law. Akram, ibid, 206-207. Palestine also has an electoral law, introduced by decree in 2007, which establishes eligibility for voting and sets out who is considered Palestinian for purposes of the electoral law. However, eligibility to vote does not necessarily equate with nationality. This is not a nationality law and does not establish definitively who is considered a national of Palestine. See ‘A decree issued by a law number ( ) of 2007, pertaining the general elections’, Chairman of the PLO Executive Committee, President of the Palestinian National Authority (2007) https://www.elections.ps/Portals/0/pdf/Election_Law_%282007-Sept_02%29-EN.pdf [accessed 30 June 2022]., Article 27. 92 See List of Diplomatic Missions in Palestine & Palestinian Diplomatic Missions abroad at: https://www.embassy-worldwide. com/country/palestine/. 15