Racial discrimination against the indigenous Palestinian people was
formalized and institutionalized at an early stage through the creation by law
of a “Jewish nationality” that is distinct from Israeli citizenship. Significantly,
there is no such thing as “Israeli” nationality. The 1950 Law of Return is
an effective nationality law, because it entitles all Jews, regardless of their
geographic location, the rights of nationals, namely the right to enter “Eretz
Israel” (Israel and the occupied Palestinian territory) and immediately enjoy
full legal and political rights. “Jewish nationality” under the Law of Return is
an extra-territorial status and therefore contravenes international law norms
pertaining to nationality.79 It includes Jewish citizens of other countries,
irrespective of whether they wish to be part of the collective of “Jewish
nationals,” and excludes “non-Jews” (i.e., Palestinians) from nationality
rights in Israel.80 In combination with the 1952 Citizenship Law,81 Israel has
created a discriminatory two-tier legal system whereby Jews hold nationality
and citizenship, while the remaining indigenous Palestinian citizens hold only
citizenship82 and Palestinian refugees hold no legal status at all.
Palestinians are not expressly identified as a racial/national group in laws
and public documents of the State of Israel. Palestinians are designated by
the term “persons outside the scope of the Law of Return” in Israel’s laws.
Other designations used by the administration, Israel’s Central Bureau of
Statistics and the official media are “minorities” or “Arabs.” Such designations
reflect the denial of Palestinians as a national group and serve to hide the
discriminatory character of Israeli laws and policies.
79 Thus, for example, former Israeli Prime Minister Golda Meir explained: “the frontier [of Israel] is where
Jews live, not where there is a line on the map.” BADIL and COHRE, Ruling Palestine: A History of the
Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights
and Evictions (COHRE) and BADIL, 2005, p.72.
80 See Mallison, W., “The Zionist-Israel juridical claims to constitute ‘the Jewish people’ nationality entity
and to confer membership in it. Appraisal in public international law”, 32 George Washington Law
Review, 1964, p. 983-1075; also: Tekiner, Roselle, “Race and the Issue of National Identity in Israel”,
Journal of Middle East Studies, 23 (1991), 39-55; and, Adalah, “Institutionalized Discrimination Against
Palestinian Citizens of Israel”, Report to 2001 WCAR, Durban, August/September 2001.
81 In the official translation into English, this law is misleadingly called “Law of Nationality.”
82 Tekiner, Roselle, “Race and the Issue of National Identity in Israel”, Journal of Middle East Studies, 23 (1991).
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents