Seeking the indigenization of settlers, the Law of Return codified the principle that the Jewish people have an “a priori right . . . to settle in this land.”99
Ben Gurion insisted that Jewish citizenship, as opposed to that of non-Jews
(predominantly, but not only, Palestinians), is beyond the law. For him, it was
not the law that created the right of Jews to citizenship; the law ought simply
to formalize what is a natural right. In his words: “This law determines that
it is not the State that grants diaspora Jews the right to settle in the State [of
Israel]. This right is intrinsic by the virtue of being Jewish, if he only wishes
to partake in settling the land [of Israel].”100 The right of Jews to citizenship,
therefore, has been based on primordial biblical mythologies that produce
settlers as an indigenous population returning to its ancestral lands. Ben
Gurion narrated settlement and colonization as a miraculous revival of a
nation. Presenting the law to the Knesset, Ben Gurion remarked:
On May 14, 1948, a new state was not formed ex nihilo but rather
signaled the return of ancient glory, 1,813 years after the independence of Israel had been seemingly destroyed forever in the days of Bar
Kokhva and Rabbi Akiva . . . And just as it was clear [in the Declaration
of Independence] that the renewal of the state of Israel did not signal
a beginning but rather a continuation of ancient times, so it was understood that this is not an end but rather another step on the lengthy
road to Israel’s total redemption . . . The Law of Return is one of the
foundational laws of the State of Israel. It denotes the central purpose of
our State, the mission of the ingathering of exiles.101
The Law of Return demonstrates that settler indigenization entails not only the
transformation of settlers into natives but also the indigenization of the space
as Jewish. It reflects a biospatial politics, a term coined by Cohen and Gordon,
in which the “space is constituted as racialized or in racialized terms.”102 The
production of racial subjects and space is entwined in complex ways. The Law
of Return effectively indigenizes all Jews—regardless of whether or not they
reside in Israel. As Ayelet Shachar observes, it “reflects a perception of membership in the state which is not territorially bound or defined.”103 At the same
time, the Law of Return was consciously designed to create and strengthen
the bond between Jewish settlers and the territory as Jewish. Interestingly,
the Law of Return governed the citizenship of both Jewish European settlers
and native Palestinian Jews who had lived in Palestine for centuries.104 The
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Electronic copy available at: https://ssrn.com/abstract=3533490