The Law of Return, 1950 and the Israeli Citizenship Law, 1952 Following the 1948 War, Israel also adopted discriminatory citizenship, nationality and residency laws that effectively denationalized Palestinian refugees and prevented them from returning to their places of origin. Citizenship and nationality in Israel are based on a two-tier system, one for Jews and the other for ‘non-Jews.’ Under the 1950 Law of Return, underpinned by the ideas of ‘historical residence’ and a ‘Jewish nationality’ that apply extra-territorially,81 any Jew can acquire automatic citizenship and residency. The law and its amendments grant Jews around the world, regardless of their national origin or citizenship, the right to enter Israel and to acquire Israeli citizenship and residency. The Law of Return has been instrumental in realizing the Zionist objective of establishing a Jewish state in Palestine. On the other hand, for ‘non-Jews’, the subsequent 1952 Citizenship Law82 restricts citizenship to people present in Israel, or in an area which became Israeli territory after its establishment, from May 1948 to the date of promulgation of this new law in April 1952. This means that the indigenous Palestinian population, including refugees, must be able to prove that they were in Israel on or before 14 July 1952, or that they are the offspring of a Palestinian who meets this condition. Due to the fact that most Palestinian refugees were displaced outside the borders of Israel before 14 July 1952, they are unable to resume domicile in their homeland. In practice, naturalization only occurs in extraordinary cases and Israeli citizenship is rarely granted to non-Jews. The Entrenchment of the Negation of the Right to Return Law, 2001 In 2001, to ensure that Israeli negotiators did not sway in their commitment to the Zionist consensus, the Israeli Knesset passed the Entrenchment of the Negation of the Right to Return Law. Section 2 of this law states that “refugees will not be returned to the territory of the State of Israel save with the approval of the simple majority of the Knesset Members.” Section 1 of the law defines a refugee as a person who “left the borders of the State of Israel at a time of war and is not a citizen of the State of Israel, including, persons displaced in 1967 and refugees from 1948 or a family member.” As such, even if Israeli political leaders did decide to cease their regime’s violation of 81 See BADIL (Ed.), Joseph Schechla, “’Jewish Nationality’, ‘National Institutions’ and Institutionalized Dispossession,” al-Majdal Magazine, 2004, available at: http://www.badil.org/en/component/k2/ item/885-“jewish-nationality”-“national-institutions”-and-institutionalized-dispossession.html [all accessed 27 Jul 2018]. 82 Known formally as the Nationality Law, but more accurately cited as the Citizenship Law, 5712-1952, 14 July 1953 (Isr.). 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents