the Palestinian population with the explicit intent of segregating, fragmenting, and isolating
the Palestinian people in order to disrupt the integrity and continuity of their collective
identity.429 Through Israeli control over the Palestinian population registry, the Palestinian
people have been divided into five main population categories and several subcategories,
namely: Palestinians with Israeli citizenship, Palestinian with ‘permanent’ Jerusalemite
residency, Palestinians with a West Bank ID card, Palestinians with a Gaza ID card, and
Palestinian refugees living in forced exile without any ‘official’ legal affiliation to Mandate
Palestine.430 Israel has thus intentionally created a hierarchical system of Apartheid in which
Jewish Israelis have full access to their rights and Palestinians are deprived of their rights to
varying degrees, depending on which ‘category’ they belong to.
Recognition of Basic Rights
g
g
429
Right of Return: The 1950 Law of Return states that all Jews, and only Jews, wherever
they may be, have a right to obtain Israeli citizenship and live in 1948 Palestine.
In contrast, the Nationality Law of 1952 expressly repealed the 1925 Citizenship
Order recognizing a Palestinian nationality in Mandatory Palestine and refused to
provide citizenship for the over 750,000 Palestinian nationals that had usually resided
in the territory. Furthermore, throughout the years, Israel has responded with
disproportionate violence against any Palestinian who has attempted to return to their
indigenous homeland, as observed by Israel’s anti-returnee, or “infiltrator”, laws and
by the Israeli army’s intentional killing and maiming of peaceful protesters during the
Great March of Return of 2018.
Right to Freedom of Movement: According to OCHA, there are 593 movement
obstacles in the West Bank (including 71 checkpoints and 108 partial checkpoints)
that have been erected by Israel to control the movement of Palestinians. In addition
to those, Israel annually sets up more than 1500 ‘flying’ checkpoints.431 Palestinian
freedom of movement is further restricted due to Israel’s complex and highly
discriminatory permit regime which requires Palestinians to apply for permission to
travel between one area of Palestine to another – permission that is precariously
granted depending on what documents they hold, which area they reside in, and
any other arbitrary decisions made by soldiers manning the checkpoints. Palestinian
refugees and IDPs living in refugee camps are especially impacted by these restrictions;
for example, Palestinians living in Gaza, the majority of whom are refugees and IDPs,
are prohibited from exiting Gaza except for extreme cases, depriving them of not only
their right of return, but also access to education, work, family visits, and healthcare.
See BADIL, Forced Population Transfer: The Case of Palestine – Segregation, Fragmentation and Isolation (Working Paper No.
23, BADIL 2020) [hereinafter BADIL, Segregation, Fragmentation, and Isolation] <https://www.badil.org/cached_
uploads/view/2021/04/19/wp23-sfi-1618823935.pdf> accessed 3 October 2022.
430
See BADIL, Forced Population Transfer: The Case of Palestine – Instalment of a Permit Regime (Working Paper No. 18, BADIL
2015), 10 [hereinafter BADIL, Instalment of a Permit Regime] <https://www.badil.org/phocadownloadpap/badilnew/publications/research/working-papers/wp18-FPT-Israeli-permit-system.pdf> accessed 3 October 2022.
431
OCHA, ‘West Bank Access Restrictions’ (OCHA, 9 July 2020) <https://www.ochaopt.org/content/west-bankaccess-restrictions-june-2020> accessed 3 October 2022.
96
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