Statelessness & Citizenship Review
2025
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Israel’s control over Palestinian populations. 55 Such practices were sometimes
perceived as legitimising Israel’s apartheid system.56
Having outlined five modes of citizenship violence, Part III considers how
communities collectively resist these state practices.
III
A
RESISTANCE
Conceptualising Resistance and Agency in Statelessness Studies
There are longstanding debates within the statelessness studies field as to the limits
of agency of those deprived of nationality, with stateless people often
conceptualised as cast outside of legal, political and social spheres and thus
lacking full human agency.57 Hannah Arendt’s work on statelessness is often the
starting point of conceptualisations of the stateless person within legal and
political theory. 58 The human rights framework, which was developed in the
aftermath of the Second World War, marked a shift in the focus of international
law from an inter-state to an individual rights perspective. Arendt’s critique of this
framework showed that although individuals are entitled to rights by virtue of their
humanity, without access to the right to nationality they are effectively unable to
realise those rights. 59 Within the international political order, states have been
consolidated over time as the ‘sole legitimate organising units of global politics’.60
Stateless humans who fall outside of the state system, or do not have membership
of any state, are understood as having no means through which they can directly
claim their rights or seek justice and restitution. Partially drawing on Arendt’s
theories of statelessness, Agamben developed the concept of ‘bare life’.61 In this
concept, stateless people cast out of legal, political and social spheres and stripped
of their human agency. They are reduced to a survival existence, able only to meet
their bodily needs. Thus, their agency is reduced to the bare minimum.
Critiques of both Arendt’s and Agamben’s work often focus on how stateless
people maintain and assert their agency outside of the statist structures that
55
56
57
58
59
60
61
Nigel Parsons, ‘The Palestinian Authority Security Apparatus: Biopolitics, Surveillance, and
Resistance in the Occupied Palestinian Territories’ in Elia Zureik, David Lyon and Yasmeen
Abu-Laban (eds), Surveillance and Control in Israel/Palestine: Population, Territory and
Power (Routledge 2011) 355;
For authoritative characterisations of these systems as apartheid, see: ‘Summary of the
Advisory Opinion of 19 July 2024’, Legal Consequences arising from the Policies and
Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
(International Court of Justice, General List No 18619 July 2024); Amnesty International,
‘Israel’s apartheid against Palestinians: a cruel system of domination and a crime against
humanity’ (Report, 2022) <https://www.amnesty.org/en/latest/news/2022/02/israelsapartheid-against-palestinians-a-cruel-system-of-domination-and-a-crime-againsthumanity/>, archived at <perma.cc/K8CP-8MFQ>; S Michael Lynk, ‘Israel’s 55-year
occupation of Palestinian Territory is apartheid – UN human rights expert’, Office of the High
Commissioner
for
Human
Rights
(Web
Page,
25
March
2022)
<https://www.ohchr.org/en/press-releases/2022/03/israels-55-year-occupation-palestinianterritory-apartheid-un-human-rights>, archived at <perma.cc/Q5VV-TJWP>.
See Lindsey N Kingston, Fully Human: Personhood, Citizenship, and Rights (Oxford
University Press 2019).
Hannah Arendt, The Origins of Totalitarianism (Allen and Unwin, 2nd ed, 1958).
ibid.
Mira L Siegelberg, Statelessness: A Modern History (Harvard University Press 2020) 6.
Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life (Stanford University
Press 1998).
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