sovereignty in these territories by creating facts on the ground. The participation of Palestinians in the elections further foregrounded the legitimacy
of a de facto annexation.
Israel planned its first parliamentary elections in the context of a state
with neither citizens nor defined borders. In the absence of a citizenship law,
residency became the criterion that defined eligibility to vote. To determine
who was a resident, Israel conducted a census under a seven-hour curfew
on 8 November 1948. The census included a registry of the population and a
registry of Arab property.59 The former prepared the ground for Israel’s war
on “infiltration” or what Robinson calls the war on return, as it prevented
the return of Palestinian refugees to their homes.60 The latter facilitated the
mass confiscation of Palestinian land and property, which was later declared
“absentees’ property” under the 1950 Absentees’ Property Law.61 With no
citizenship law, the census became a semi-citizenship law in itself.62 It defined who could be recognized as a lawful resident and served as the basis
for the voter list.
The census was not a neutral bureaucratic act. It was rather an instrument of statistical extermination, a genocidal practice by which the settler
state sought to reduce the number of indigenous peoples in official statistics
through the production of administrative categories that encoded difference
between settlers and natives, as well as among natives themselves.63 Canada,
Australia, and the United States used blood quantum criteria to distinguish
between indigenous full-blood persons, viewed as a dying race, and half-caste
persons who were considered assimilable.64 Israel, in contrast, divided Palestinians—based on the census and later, in 1954, also under the Prevention of
Infiltration Law65—into two categories: legal and illegal. The aim was to limit
the number of Palestinians who could be considered lawful residents. The
census automatically excluded Palestinian refugees. It differentiated between
Palestinian refugees and ’48 Palestinians, but it also divided ’48 Palestinians
into legal and illegal residents based on the criterion of registry. The census
did not enumerate all Palestinians under Israeli rule. Only sixty-nine thousand
of an estimated one hundred thousand Palestinians at the time of the census
were registered.66 Palestinians in parts of the Galilee were not registered; nor
were the thousands of Palestinians in prison camps, or the thirteen to fifteen
thousand bedouin in the Naqab. Even in the areas that were surveyed, the
census left thousands of Palestinians unrecorded.67
20
Electronic copy available at: https://ssrn.com/abstract=3533490