summarily covered in Chapter One, it is not addressed in detail in this Handbook.
Palestinian Nationality/citizenship is the heart of the issue for refugees, however, as
it is the basis for their connection to the territory of Israel/Palestine on which their
rights to return, to restitution of their properties and to compensation for all of their
losses are grounded. Palestinians as a people were recognized as the ‘Nationals’
of the territory of Mandate Palestine in 1924 as an international matter, and this
status was codified by the 1925 British Citizenship Orders. Israel formally repealed
Palestinian nationality in its 1952 Nationality (Citizenship) Law as a domestic
matter, but this act fundamentally violated international law on state succession,
which both requires granting all habitual residents of territory the citizenship of a
successor state and categorically prohibits discriminatory denationalization on the
basis of race, religion, ethnic or national status. Palestinian nationals recognized
as such under the terms of the 1924 Treaty of Lausanne and the subsequent British
Mandate Citizenship laws remain as an international legal matter nationals of the
territory of Palestine, regardless of its current territorial configuration. They, and
their descendants, lay claims to their rights in and to their original homes and lands
on the basis of this unbroken territorial connection regardless of the length or breadth
of the diaspora. For this reason, Palestinian statehood can only be meaningful if it
addresses the status of Palestinians as nationals of the entire territory. This requires
urgent efforts to turn the recognition that states have afforded Palestine into action
for a sanctions regime, in the same way as South Africa and Namibia were successful
in achieving.11 As the International Court of Justice has called for in the context
of declaring the Israeli Wall and its regime illegal, it is critical to demand that the
community of states shoulder their erga omnes obligations to bring about viable
statehood for Palestinian, including legitimate rights for the refugees. The advocacy
necessary for this to come about has not been taken up by the Palestinian leadership;
it is up to civil society to make the promise of statehood a reality using the legal tools
and mechanisms that have only become more robust as lawyers and activists have
used and tested them.
The adoption of the 2011 Directive on Standards of Protection for Refugees
and Stateless Persons by the European Council that incorporated Article 1D of the
Refugee Convention was the foundation for two groundbreaking cases decided by
the European Court of Justice, Bolbol and El Kott on Palestinian asylum claims.12
Relying on a series of UNHCR interpretations of the meaning and application of
Article 1D that, in turn, were brought about by persistent advocacy by BADIL and
other Palestinian refugee experts, the ECJ has undertaken a careful and considered
11
xvi
For a comparison of Namibia’s successful use of international legal strategies to bring an end to
apartheid and achieve independence with the situations of Palestine, Western Sahara and Tibet,
see Susan Akram, Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises, ed.
Tom Syring (Newcastle upon Tyne: Cambridge Scholars Publishing, 2014).
12
See Court of Justice of the European Union, “Bolbol v. Bevándorlási És Állampolgársági
Hivatal,” June 17, 2010, C-31/09, http://www.refworld.org/docid/4c1f62d42.html; Court of
Justice of the European Union, “Mostafa Abed El Karem El Kott and Others v. Bevándorlási És
Állampolgársági Hivatal,” December 19, 2012, C-364/11, http://www.refworld.org/cgi-bin/texis/
vtx/rwmain?docid=50d2d7b42.
Handbook on Protection of Palestinian Refugees
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