The origins of the military rule can be found in the British Mandatory Defence
(Emergency) Regulations of 1945 (which reached back to the 1936−39 revolt)
and the Israeli Emergency (Security Zones) Regulations, 5707 of 1949.108
The military rule was enforced in all areas populated by Palestinians and it
served various objectives beyond the declared ‘security’ justification. It was
essentially a tool to control the Palestinian population inside Israel, to take
over the remainder of their lands and villages. The military rule also aimed
to prevent the return of any Palestinian refugees to their homes. Short-term
uses of military rule included the regulation of the Palestinian labor force
according to the needs of the Israeli market (as in the present case of the
Palestinians of the West Bank and Gaza Strip), and a political tool in the hands
of the ruling party, Mapai, on election days.109
Early discussions by ruling Knesset (Israeli parliament) and political factions
reveal government strategies ranging from implementation of mass
expulsions to the carrying out of systematic harassment policies, designed to
‘encourage’ Palestinians to ‘migrate’. While mass displacement was deemed
impossible to implement ‘in times of peace’, the latter and incremental
proposition was perceived as more practical and acceptable. Moshe Sharett,110
a signatory to Israel’s Declaration of Independence, summarized the principle
by encouraging Palestinians who were willing to migrate and suggesting that
“a policy based on minimal fairness should be adopted toward Arabs who
were not inclined to leave”.111
The “minimal fairness” framework for achieving Palestinian displacement was
adopted into Israeli governmental policy through various laws, regulations
and practices.112 The result of this is that, today, more than 50 Israeli laws
discriminate against Palestinian citizens of Israel.113 Moreover, the notion
108 Ibid., 9.
109 Manar Makhoul, “Seismography of Identities: Literary Reflections of Palestinian Identity Evolution in
Israel between 1948 and 2010” (University of Cambridge, 2013).
110 In addition to one of the signatories to Israel’s Declaration of Independence, Moshe Sharett was the
first Foreign Minister and the second Prime Minister of Israel.
111 Nur Massalha, A Land without a People: Israel, Transfer and the Palestinians 1949-96 (Faber and
Farber Limited, 1997), 3.
112 Other policies included a system of control that limited and manipulated the Palestinians inside
Israel. Lustick suggests that Israel’s control over its Palestinian citizens is maintained through a threefold system of segmentation, dependence and co-optation. The cooptation system meant that the
government will adopt and encourage the ‘positive’ elements among the Palestinians, and isolating
and marginalizing the ‘negative’ elements in the society (Jiryis, S. The Arabs in Israel. Monthly Review
Press, New York (1976), 63-64).
113 For more information see: BADIL, Occasional Bulletin No.26: Israel’s Discriminatory Laws (Bethlehem,
Palestine: BADIL Resource Center for Residency and Refugee Rights, 2012), http://www.badil.org/en/
press-releases/142-2012/3609-press-eng-42; And Adalah, “Discriminatory Laws Database” (Adalah –
The Legal Center for Arab Minority Rights in Israel), accessed March 10, 2014, http://adalah.org/eng/
Israeli-Discriminatory-Law-Database.
46
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