of Palestine and the other countries concerned. Where dual nationality is not permitted by the other
country, it may be possible for Palestinians who have acquired a different nationality to renounce it in
order to be considered Palestinian nationals, should they choose to do so.93
Current practices by other states: In current practice, whether Palestinians are considered stateless by
a particular government may depend on the political position of that government, and whether it recognises
Palestine as a state. The UK Government, for example, does not recognise Palestine as a state and
officially considers persons of Palestinian origin to be stateless (unless they have acquired the nationality
of a state recognised by the UK Government).94 Spain, as discussed in a case below, does not recognise
Palestine as a state but considers (at least some) Palestinians to be nationals of Palestine rather than
stateless. Other countries that do recognise Palestine as a state consider persons residing in Palestine,
and sometimes originating from Palestine, as having Palestinian nationality; and others recognise Palestine
as a state but consider Palestinians to be stateless. Most Arab states do recognise Palestine as a state
and generally do not permit Palestinians to acquire the nationality of the host state for political reasons.95
Acquisition of nationality does not resolve refugeehood: Even if a Palestinian acquires a nationality
in accordance with national law – of Palestine or another state – those who fled areas which are now
part of Israeli territory (and their descendants) will remain refugees with respect to Israel. Acquisition of
a nationality under domestic law does not resolve the issue of their continuing refugeehood nor negate
their right to return to their place of origin, or other rights under international law (except with respect to
protection as stateless persons).
Consequences of failure of recognition: For Palestinians who seek international protection, the
consequences of governments failing to recognise them as refugees or stateless persons can be
devastating. Some Palestinians are granted refugee status in other countries, and this provides important
protection for them – and often a route to naturalisation of the host state. But if they are not eligible for
(or are not granted) refugee status or other protection, failure to recognise statelessness often relegates
Palestinians who have no other legal status to a life of instability and destitution, without recognition or
fulfilment of their basic human rights, including the right to a nationality. It also means that their children
may be born into serious hardship and unacknowledged statelessness.
5. Article 1D Jurisprudence
As discussed, many Palestinians are refugees to whom Article 1D of the 1951 Convention applies, either
to exclude or include them. UNHCR has confirmed that Article 1D potentially applies to Palestine refugees
and displaced persons, and their descendants, and defines these groups as:
“Palestine refugees: Persons who are ‘Palestine refugees’ within the sense of UN General
Assembly Resolution 194 (III) of 11 December 1948 and subsequent UN General Assembly
Resolutions and who, as a result of the 1948 Arab-Israeli conflict, were displaced from that part of
Mandate Palestine which became Israel, and who have been unable to return there.”
93 For a brief discussion of dual nationality, see Edwards, n 67, S. 1.3.1.
94 See Home Office, ‘Stateless Leave’ (Version 3, 30 Oct 2019) https://assets.publishing.service.gov.uk/government/uploads/
system/uploads/attachment_data/file/843704/stateless-leave-guidance-v3.0ext.pdf, 18. This does not mean stateless
Palestinians will be granted permission to stay in the UK, however – under the UK’s statelessness determination procedure,
that depends on whether they meet other criteria, including whether they are ‘admissible’ to another country or territory with
residency and other rights. This ‘admissibility’ requirement does not appear in international law.
95 See Abbas Shiblak, ‘Stateless Palestinians,’ Forced Migration Review No. 26 - Palestinian Displacement: A Case Apart?
(Refugee Studies Centre, University of Oxford, 1 Aug 2006) https://www.fmreview.org/sites/fmr/files/FMRdownloads/
en/palestine/shiblak.pdf, 8.
16
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