international law as it pertains to displaced Palestinians, they would need the
permission of a parliamentary majority to do so.
The Nation State Law, 2018
In July 2018, the Knesset passed the long debated Basic Law: Israel as
the nation state of the Jewish people (hereafter Nation State Basic Law),
constitutionalizing the superiority of the Jewish people and, inter alia,
entrenching Jewish settlement as a national value and the principle
that Israel is open for Jewish migration. The consequence of which is the
systematic inferiorization of Palestinians who are explicitly denied their right
to self-determination within the Israeli regime, and excluded by omission and
incompatibility from national priorities of settlement and return. This basic
law functions to: optimize the opportunity for Jewish settlement, including
its prioritization as a binding consideration within the legal system; diminish
the space and conditions for viable Palestinian communities; and, in its
practical effect, excludes the possibility of the return of Palestinian refugees
as a foundational doctrine of the Israeli state. Through the combination of
these laws and policies, the Israeli regime has effectively denied all forcibly
displaced Palestinians their right to return.
Denial of Residency in the oPt
Following the displacement of over 400,000 Palestinians during 1967,83
the Israeli military carried out a census of remaining Palestinians. Any
unregistered Palestinian following this census was denied residency
status. The 1967 census recorded nearly one million Palestinians living
in the West Bank and the Gaza Strip,84 and 66,000 Palestinians in East
Jerusalem.85 Not included in the census were the hundreds of thousands
of Palestinians displaced during the 1967 War and those who were
outside of the country for personal reasons such as study, work, or travel.86
83 BADIL, Survey 2013-2015, supra note 6, xxxiv .
84 Human Rights Watch, Forget About Him, He’s not Here. Israel’s Control of Palestinian Residency
in the West Bank and Gaza, available at: https://www.hrw.org/sites/default/files/reports/
iopt0212webwcover.pdf. Also see: BADIL and COHRE, Ruling Palestine, A History of the Legally
Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine (Geneva, Switzerland; Bethlehem,
Palestine: COHRE - Centre on Housing Rights and Evictions; BADIL Resource Centre for Palestinian
Rights and Refugee Rights, 2005), 125, available at: http://www.badil.org/phocadownloadpap/Badil_
docs/publications/Ruling%20Palestine.pdf
85 Yael Stein, The Quiet Deportation: Revocation of Residency of East Jerusalem Palestinians (Jerusalem:
Center for the Defence of the Individual, 1998).
86 BADIL, Survey 2010-2012, supra note 6.
31
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