This administrative system was also paired with a set of “prevention
of infiltration” military orders, which replicate the 1954 Prevention of
Infiltration Law so as to extend its application to the oPt.
Additionally, both versions of the residency system – that in place in
Jerusalem under Israeli civil law and that in the rest of the West Bank and
the Gaza Strip under Israeli military law – include mechanisms for revoking
residency status. Residents require exit permits (subject to the discretion
of the Israeli Minister of the Interior and/or Israeli military commander
– head of the Israeli civil administration) to travel abroad. Between 1967
and 1994, Israel regarded Palestinians in the oPt as “resident aliens”. If
a resident failed to return before the expiry of their permit, they risked
being removed from the Population Registry, thereby losing their residency
status.87 During this period, Israel stripped the residency rights of some
140,000 Palestinians living in the West Bank, and more than 100,000 living
in the Gaza Strip, representing more than 10 percent of the Gaza Strip
population and thus dramatically shifting the demographic composition of
the territory.88 The Citizenship Law and census made it very easy for Israeli
officials to continually displace Palestinians by merely denying their right to
enter. In 1995, the Oslo Accords transferred the “powers and responsibilities
in the sphere of population registry and documentation in the West Bank
and Gaza Strip … to the Palestinian side.”89
Despite this apparent handover to the Palestinians, in reality Israel has
maintained control, as a result of the agreed requirement to notify the Israelis
of any change to the Population Registry and its control of all Palestinian
borders. Then, in 2000, Israel froze all changes to the registry and no longer
recognizes most changes made by the Palestinian Authority (PA). This
situation has resulted in a complex array of ongoing residency issues for many
Palestinians,90 with only births, deaths and replacement of documents being
87 Munir Nuseibah, “Decades of Displacing Palestinians: How Israel Does It,” Al-Shabaka, 18 June 2013,
available at: http://al-shabaka.org/node/624 [accessed 28 March 2018].
88 Akiva Eldar, “Israel Admits It Revoked Residency Rights of a Quarter Million Palestinians,”
Haaretz, 2 June 2012, https://www.haaretz.com/israel-admits-it-revoked-palestinians-residencysince-1967-1.5176492 [accessed 6 June 2018].
89 Interim Agreement, Annex III, Appendix I, Article 28 (1).
90 Amjad Alqasis and Nidal Alazza, Denial of Residency- Forced Population Transfer: The Case of Palestine,
BADIL Resource Center for Palestinian Residency and Refugee Rights, available at http://www.badil.
org/en/documents/category/35-publications?download=1097%3Awp-16 [hereinafter Alqasis and
Alazza, BADIL, Denial of Residency]; see also Human Rights Watch, “’Forget about Him, He’s Not Here’:
Israel’s Control of Palestinian Residency in the West Bank and Gaza,” February 2012, available at
https://www.hrw.org/report/2012/02/05/forget-about-him-hes-not-here/israels-control-palestinian
-residency-west-bank-and [accessed 18 September 2018]; and B’tselem, “Residents without Status”,
available at https://www.btselem.org/gaza_strip/stateless [accessed 18 September 2018].
32
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