other religion. Jewish nationals have the right to enter Israel at any time,
obtain Israeli citizenship at any time, and settle wherever they wish under
Israeli jurisdiction (inside Israel as well as within the 1967 occupied Palestinian
territory). Jewish nationals have full civil and political rights, including the right
to bring their spouses into Israel.
Israeli citizenship, by contrast, is available to all Jewish Nationals, even those
holding citizenship of another state. Israeli citizenship is available to nonJews and their descendants who were present in Israel between 1948 and
1952. Citizenship for non-Jews is governed by the Nationality Law (1952) –
sometimes also referred to as Citizenship Law.9
Israeli citizenship was not available for Palestinians who were present in what
Israel defined as ‘enemy territory’ between 1948 and 1952 (the timeframe
according to the Nationality Law). This includes those who live under
Israeli military occupation in the West Bank and Gaza Strip, as well as 6.6
million Palestinian refugees living in forced exile. Israel refuses the return of
Palestinian refugees on the grounds of them lacking Jewish Nationality.
To summarize, Israel divides Palestinian residency status by means of a
hierarchical system:
•
Palestinian citizens of Israel:
This group consists of those Palestinians permanently residing within
Israel with Israeli citizenship, yet possess no ties to Judaism and thus
cannot be considered ‘Jewish nationals’. Although they are citizens of
the state, in practice individuals in this sub-category are in an inferior
position to Jewish Nationals. Palestinian citizens are prohibited from
moving to Palestinian cities in the occupied Palestinian territory
(excluding Jerusalem). Moreover, a temporary amendment to the
Citizenship and Entry into Israel Law (2003) – sometimes also referred
to Nationality and Entry into Israel Law10 – prevents residents of
9
Book of Laws 5712 [1952], p. 146. The 1952 Nationality Law (for non-Jews) imposes strict requirements
that persons applying for nationality (or citizenship) status based upon this law need to have been
physically present inside the 1949 armistice lines between certain dates. The vast majority of 1948
Palestinian refugees were factually incapable of meeting these strict physical presence requirements of
Israel’s 1952 Nationality Law. Hence this entire large group of persons was effectively denationalized by
that law. It is on the basis of this purported denationalization that Israel asserts having a purported basis
for obstructing the right of return of virtually the entire class of persons comprising the 1948 Palestinian
refugees. For more information, see: BADIL, The 1948 Palestinian Refugees and the Individual Right
of Return: An International Law Analysis (Bethlehem, Palestine: BADIL Resource Center for Palestinian
Residency and Refugee Rights, 2007).
10 The State of Israel, The Citizenship and Entry Law (Temporary Provision) 5763-2003, 2003, http://www.mfa.
gov.il/MFA/Government/Law/Selected+legislation/Citizenship+and+Entry+into+Israel+Law+2003.
htm.
11
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