Lana Tatour
law erased the history and identity of native Jews as Palestinians and their
relation to the territory as Palestinians or Arabs. Instead, native Jews were
re-indigenized as belonging to the territory through the Law of Return—an
immigration law, in its essence—even though they had never immigrated.
When it came to Palestinians, the law structured citizenship as territorially
bound and temporally restricted. At the same time, Israel’s citizenship regime
unbounds Palestinians from the territory through their production as alien to it.
While settler indigenization is a common feature in all settler colonial
contexts, Israel is unique in its systematic denial of the indigeneity of the
native population.105 The Citizenship Law embodies that rationale, taking
as a premise the production of Palestinian natives as aliens, foreigners, and
invaders. If the Law of Return frames the Jewish right to the land and citizenship in historic terms, the Citizenship Law is ahistorical. It did not extend
Palestinians citizenship by virtue of their indigeneity or their long history
of residence in Palestine. Their right to citizenship was not a natural right.
Instead, it referred to their citizenship as a discretionary gesture, a reflection
of the settler state’s generosity. The notion of Palestinian citizenship as gesture
guided the discussion on the Citizenship Law in the cabinet, the Knesset,
and the legislative committee. Rabbi Yehuda Leib Maimon, the minister of
religions, for example, argued that “every Jew is a citizen. This is not, however,
the case for the gentile . . . [A]ll the others need to acquire a citizenship.”106
Similarly, during a meeting of the legislative committee, a member of the
Knesset, Yaacov Klivnov, stated that “foreigners can be extended citizenship
only by gesture.”107 Israeli jurisprudence echoed this sentiment. In a Supreme
Court decision from the early 1950s, Justice Shneor Heshin determined that
a civil identification card offers no legal protection per se, since the Palestinian presence in the country is based on inhabitancy by benevolent gesture.108
While Jewish citizenship was equated to birthright citizenship, the
citizenship of Palestinians was governed by the logic of naturalization. Indeed, Ben Gurion referred to the Citizenship Law as the naturalization law.
His choice of words captured the spirit behind the law. The entitlement of
Palestinians to citizenship, unlike that of Jews, was not unconditional. It was
regulated in section 3 of the Citizenship Law (citizenship by residence), which
specifically applied to Palestinians. Israeli lawmakers referred to section 3 as
automatic citizenship and they distinguished it from section 5 (citizenship
by naturalization). Nonetheless, section 3 was a form of naturalization and
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Electronic copy available at: https://ssrn.com/abstract=3533490