Israel. The Land Acquisition for Public Ordinance (1943)11 precludes
their legal claims for private lands. In addition, the Prevention of
Infiltration Law (1954)12 and Military Orders 1649 and 165013 provide
that those Palestinians are prohibited from legally returning to Israel
or the 1967 occupied Palestinian territory. Many Palestinian refugees
remain stateless and/or lack protection.
The differences between the two main pillars of residency in Israel–
Jewish Nationality and Israeli Citizenship – reflect the two strata of
the Israeli racial hierarchy: Jews and non-Jews. To this end, it can be
argued that Jewish Nationality is supranational, since it surmounts
the technical definitions of citizenship. Jewish Nationality, then, is
above the state, probably the only case where such a superior status
is attributed to individuals (rather than supranational organizations).
11 Full text available at: http://mykammar-law.com/pdf_laws/landEn.pdf [accessed 14.04.14].
12 Amended 10.01.2012. Israel: Amend “Anti-Infiltration” Law (Human Rights Watch, June 10, 2012),
http://www.refworld.org/docid/4fd73deb2.html.
13 Order regarding Prevention of Infiltration (Amendment No. 2) and the Order regarding Security
Provisions (Amendment No. 112). Available at: http://www.hamoked.org.il/news_main_
en.asp?id=904.
13
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