basis for the period of increased residency revocation that would begin in
the 1990s.36 In the Awad case, Israel revoked the residency of a Palestinian
permanent resident of Jerusalem, Dr. Mubarak Awad, for pursuing his studies
in the United States, marrying and, thereby, obtaining American citizenship.
The reason provided by the Court, headed by former Supreme Court Justice
Aharon Barak, was that Awad’s residency expired when he relocated his
“center of life,” effectively treating him as a foreigner.37 The State did not
inform Awad of his expiring residency or his revoked status, and the Court’s
decision reinforced the ability of the State to deny the residency of Palestinian
Jerusalemites if they lived abroad for seven years or more, or if they hold
another citizenship or residency.
Revoked residency is equivalent to expulsion, as it is in the case of Awad,38
and exemplifies the way in which residency status of Palestinians from
Jerusalem can be rescinded without notice. The High Court further affirmed
this position in March 2012 when it recommended that two legal aid
organizations drop their petition against the policy of residency revocation.39
HaMoked subsequently described the decision of the Court as “a brutal and
destructive bureaucratic tool used to alter the reality of life in Jerusalem.”40
In occupied East Jerusalem, revocation of residency rights was pursued in
accordance with the express intention of limiting the ratio of Palestinians to
no more than 28 percent of the population of the city.41 The ‘demographic
balance’ of Jerusalem is designed to expand the Jewish majority while
undermining Palestinian inhabitance. Based on the precedence of the Awad
case, the policy of revoking residency for Palestinian Jerusalemites was
amplified in the mid-1990s.
36 Awad v. Yitzhak Shamir, Prime Minister and Minister of Interior et al Judgment (HCJ 1988).
37 OCHA, Special Focus: East Jerusalem Key Humanitarian Concerns, 14.
38 Amira Hass, “Reason for Panic in Jerusalem,” Haaretz, July 29, 2013, http://www.haaretz.com/news/
features/.premium-1.538510.
39 HaMoked - Center for the Defence of the Individual.
40 HaMoked, “The HCJ Legitimizes the ‘Quiet Deportation’ Policy: Following the Justices’ Advice,
HaMoked and the Association for Civil Rights in Israel Withdrew Their Petition to Halt the Policy of
Revoking the Status of East Jerusalem Residents” (HaMoked - Center for the Defence of the Individual,
March 22, 2012), http://www.hamoked.org/Document.aspx?dID=Updates1178.
41 In 1993, Jerusalem city engineer Elinoar Barzacchi expressed state policy: “There is a government
decision to maintain the proportion between the Arab and Jewish populations in the city at 28 percent
Arab and 72 percent Jew. The only way to cope with that ration is through the housing potential.” Eyal
Weizman, “Demographic Architecture,” Jerusalem Quarterly, no. Summer 39 (2009), http://www.
jerusalemquarterly.org/ViewArticle.aspx?id=299.
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents