2022
Statelessness & Citizenship Review
4(1)
the settler collective via the regime of Israeli citizenship that is itself a form of
domination37 nor have they been allowed to achieve sovereignty as part of the
collective right of the Palestinian people to self-determination.
Palestinians in Jerusalem are further shut out from the decision-making
process, given the severe obstacles imposed by the Israeli occupying authorities
on their ability to vote in and run for Palestinian Legislative Council elections. 38
Expelled from the political sphere, they are alienated from the decisions that shape
their environment and drive their colonial dispossession. While Palestinian
residents of Jerusalem are entitled to vote in the Israeli occupation’s municipal
elections, the vast majority of them refuse to do so on the basis that this would
legitimise the occupation and illegal annexation of their city.39 Additionally, while
the state blocks upward mobility in the dearth of education and job opportunities,
Palestinian Jerusalemites cannot safely relocate to achieve higher education or
seek employment for fear of having their Jerusalem residency status, and thereby
their right to live in their city with the associated access to healthcare and social
services, arbitrarily revoked. 40 Thus, the same precarious residency status that
limits much of their life opportunities is simultaneously an asset to be guarded
carefully in order to maintain the ability to live in one’s own city. This is the
architecture of engineered entrapment and settler colonial statelessness, where the
Indigenous Palestinian people are forced to live in a militarised environment,
subject to ‘death zone[s]’ and ‘killing boxes’,41 without any legal tools for escape.
Simultaneously, any Jewish person born anywhere in the world is automatically
entitled to Israeli citizenship and can move to Jerusalem or other parts of historic
Palestine. Meanwhile, millions of Palestinian refugees, including those in refugee
camps in East Jerusalem and the rest of the occupied Palestinian territory, continue
to be denied their inalienable right to return to their homes of origin. 42 Thus, the
Israeli apartheid entraps Palestinians wherever they reside, fragments and
dispossesses them and enables a legal infrastructure for the maintenance of Zionist
settler colonialism and its eliminatory logic. 43
Despite some similarities, the case of Palestine has additional, important
distinctions from the other aforementioned settler colonial contexts. As elsewhere,
the Zionist settler colonisation of Palestine has produced a population of colonised
subjects who remained on their land. Some Palestinians were subjugated as native
citizens of the settler colony, while others became stateless non-citizen subjects,
expelled from the settler polity but living under its military occupation and control.
A large population of Palestinian refugees, displaced persons and exiles are also
stateless, living within and outside of their historical homeland. While other settler
37
38
39
40
41
42
43
Lana Tatour, ‘Citizenship as Domination: Settler Colonialism and the Making of Palestinian
Citizenship in Israel’ (2019) 27(2) Arab Studies Journal 8.
‘Free, Fair Palestinian Elections, Must Include East Jerusalem: UN Experts’, UN News
(online, 26 July 2021) <https://news.un.org/en/story/2021/07/1096442>.
Munir Nueseibah, ‘Municipal Elections in Occupied Jerusalem: Why Do Palestinians
Boycott?’ in Jürgen Mackert, Hannah Wolf and Bryan Turner (eds), The Condition of
Democracy (Routledge, 1st edn, 2021) 151.
Danielle Jefferis, ‘Institutionalizing Statelessness: The Revocation of Residency Rights of
Palestinians in East Jerusalem’ (2012) 24(2) International Journal of Refugee Law 202, 222.
Nadera Shalhoub-Kevorkian, ‘Unchilding and the Killing Boxes: Incarcerated Childhood and
the Politics of Unchilding, by Nadera Shalhoub-Kevorkian, New York: Cambridge University
Press, 2019’ (2020) 23(3) Journal of Genocide Research 490, 495.
‘Palestine Refugees’, UNRWA (Web Page) <https://www.unrwa.org/palestine-refugees>.
Shalhoub-Kevorkian (n 1), 15–16; see also Rania Muhareb and Pearce Clancy, ‘Palestine and
the Meaning of Domination in Settler Colonialism and Apartheid’ (2021) 6(6) República y
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