their children? Will this stand up to moral scrutiny? We shoot at those from
among the 200,000 hungry [Palestinian] Arabs who cross the line [to graze
their flocks]—will this stand up to moral review? Arabs cross to collect the
grain that they left in the abandoned villages and we set mines for them and
they go back without an arm or a leg... [It may be that this] cannot pass review,
but I know of no other method of guarding the borders.”78
Moshe Dayan, Israeli military leader and politician, Defense Minister of Israel
1967-1974
Israeli laws denying Palestinian return
The 1954 Law for the Prevention of Infiltration
In 1948, Israel not only denied the return of Palestinian refugees by
destroying their villages and policing the border, it enacted the Prevention
of Infiltration Military Order, which later became a law in 1954. This law was,
and continues to be, one of the main tools preventing the right of return of
Palestinian refugees. It defines Palestinian refugees who fled to neighboring
countries as “infiltrators.” This law deems, inter alia, the following persons
to be infiltrators: nationals and citizens of nearby Arab countries; residents
or visitors of those countries or the parts of Palestine outside Israel; and
Palestinians without nationality or citizenship—or doubtful status—who
moved out of what is now Israel.
Following the Nakba, under the military order, Israeli police carried out
raids on Palestinian villages searching for refugees who had returned to
their homes or lands. Any returnees caught were subsequently transported
to the border and expelled.79 In January 1949, for example, refugees from
the Palestinian towns and villages of Shafa Amr, Mi’ilya and Tarshiha who
tried to return home were met with hostility as Israeli forces detained them,
confiscated their belongings, and forcibly deported them to Jordan.80
“ On 25 October 1948, after the establishment of Israel, the village of
Zakariyya was attacked and its inhabitants were expelled. After a few weeks,
things calmed down and some villagers returned to the village. After about two
months of displacement, my family managed to sneak back into Zakariyya.
78 Benny Morris, Righteous Victims: a History of the Zionist-Arab Conflict, 1881-2001 (New York: Vintage
Books, 2001), 275.
79 Benny Morris, supra note 30, 152 and 39.
80 State Archives, Foreign Ministry, Arab Refugees 2444/19; and in Segev, The First Israelis, supra note
23.
28
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