Nationality
Nationality was ethnically defined by
two Israeli Supreme Court decisions.
In his 1972 decision Israeli Supreme
Court, Justice Shimon Agranat affirmed
that, “there is no Israeli nation separate
from the Jewish people. The Jewish
people are composed not only of those
residing in Israel but of Diaspora Jewry”.134
Justice Agranat affirmed the distinction
of ‘Jewish nationality’ and ‘Israeli
citizenship’ and maintained that there
is no Israeli nationality but only Jewish
nationality.135 41 years later, in October
2013, the same Supreme Court rejected
a request by a group of
Israeli citizens called “I am Israeli” to
declare that they were members of
the Israeli people and to allow them to
change the ethnic registration on their
identity card from “Jewish” to “Israeli”.136
In 2013, Justice Hanan Melcer remarked
that uniting national distinctions
between Jewish, Arab or Druze, “was against both the Jewish nature and the
democratic nature of the State”.137
Jewish migrtion
The Law of Return (1950) and the Nationality Law (1952), privilege Jews
and Jewish immigration. Any Jewish person can immigrate to the State of
Israel and receive automatic citizenship. The law also applies to the children
and grandchildren of Jews, as well as their spouses and the spouses of their
children and grandchildren.138
134 George Raphael Tamarin v. State of Israel (HCJ 1972).
135 Ibid.
136 Revital Hovel, “Supreme Court Rejects Citizens’ Request to Change Nationality from ‘Jewish’ to
‘Israeli,’” Haaretz, October 3, 2013, http://www.haaretz.com/news/national/.premium-1.550241.
137 Neve Gordon, “High Court Rules: It Is Impossible to Be Israeli,” Aljazeera, October 21, 2013,
http://www.aljazeera.com/indepth/opinion/2013/10/high-court-rules-it-impossible-beisraeli-201310201360824801.html.
138 Nadeem Shehadeh, “The Legal Framework of Second Class Citizenship” (BADIL Resource Center for
Palestinian Residency & Refugee Rights), accessed March 10, 2014, http://www.badil.org/en/almajdal/item/1874-the-legal-framework-of-second-class-citizenship?tmpl=component&print=1.
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