Israeli Citizenship for Jerusalem Residents
International law considers East Jerusalem a part of the occupied Palestinian
territory governed by the laws of war, and that Israel is the occupying power.
Consequently, Israel cannot require Palestinians in East Jerusalem to become
Israeli citizens since they are protected persons under international humanitarian
law.31 However, permanent residents are permitted to apply for Israeli citizenship
if they swear allegiance to the State of Israel, are not citizens of another country
and demonstrate a certain level of proficiency in Hebrew.32 Most Palestinian
Jerusalemites have not applied for naturalization for political reasons, considering
themselves indigenous to territory occupied by Israel and refusing to facilitate
Israel’s illegal annexation of that territory by accepting citizenship. However,
according to reports, the applications for Israeli citizenship have increased in the
2000s, with 7,000 Palestinian Jerusalemites applying for citizenship between
2001 and 2010, two-thirds of them between 2008 and 2010 alone. The upsurge in
applications may be a response to increased residency revocations.33
More than 14,000 Palestinians have lost their residency status and right to
live in East Jerusalem since 1967.34 The law governing the status of Palestinian
residents of East Jerusalem is the Entry into Israel Law of 1952.35 The law
stipulates that permanent residency status is automatically revoked when a
holder of the status leaves Israel to live elsewhere. However, before 1995, Israel
usually implemented revocations only when persons were granted citizenship
or residency in other countries, or when they lived outside of East Jerusalem
for more than seven years without extending their exit permits. Equivalent to
immigrant status, Israel undermines the basic right of Palestinians to live in
their homes by treating it as a revocable privilege, rather than a human right.
The ruling of the Israeli High Court in the 1988 Mubarak Awad case
reinforced the tenuousness of permanent residency status and served as a
31 United Nations Security Council Resolution 242 of 22 November 1967 affirmed the
illegality of acquiring territory through military conquest (http://unispal.un.org/unispal.
nsf/0/7D35E1F729DF491C85256EE700686136) and is contravenes the Fourth Geneva Convention.
The International Court of Justice reaffirmed the illegality of Israeli annexation, Palestinian
Jerusalemites’ status as protected persons and Israel’s status as occupying Power in its 9 July 2004
advisory opinion: http://www.icj-cij.org/docket/?p1=3&p2=4&k=5a&case=131&code=mwp&p3=4.
32 State parties, The Hague Regulations: Convention (IV) Respecting the Laws and Customs
of War on Land and Its Annex, 1907, http://www.icrc.org/applic/ihl/ihl.nsf/Article.
xsp?action=openDocument&documentId=2659EF8E9C6AA778C12563CD005168B2 Article 45, “[I]t is
forbidden to compel residents of occupied territory to swear allegiance to the hostile power,.”
33 IRIN Humanitarian News and Analysis, “Palestinians from East Jerusalem Seek Safety in Israeli
Citizenship,” May 30, 2013, http://www.irinnews.org/fr/report/98132/palestinians-from-eastjerusalem-seek-safety-in-israeli-citizenship.
34 B’Tselem, “Statistics on Revocation of Residency in East Jerusalem” (B’Tselem- The Israeli Information
Center for Human Rights in the Occupied Territories, August 7, 2013), http://www.btselem.org/
jerusalem/revocation_statistics.
35 Ben-Hillel, “The Legal Status Pf East Jerusalem.”
21
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