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
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