Legal briefing on the rights of stateless Palestinians in the UK September 2025 While in these paragraphs we have explained the different meanings of the word ‘national[s]’ in the cultural sense and in the legal sense, elsewhere in this briefing (except where otherwise specified) references to ‘national’ or ‘nationality’ should be interpreted solely in the international legal sense: that is, the formal bond of a person to a particular State, with the rights and duties inherent in belonging to that State. 1.3.3. Why Palestinians should be considered stateless Although there is a general understanding that nationality in international law refers to a legal bond between a person and a State, there is no agreed minimum content of what defines nationality in international law. The right to reside in the territory without restrictions on exit or entry and to have access to diplomatic protection and consular services when abroad are core aspects of nationality.32 However, other aspects are also important, such as the rights to vote, hold political office, work (including employment with the government) without needing a work permit, be eligible to own property, and be entitled to access education and welfare benefits on a nondiscriminatory basis.33 Furthermore, and most importantly, the existence of a sovereign State is necessary for the existence of a nationality.34 Palestine remains under the occupation of Israel, does not have full sovereignty, does not have full control over issuance of official documentation nor entry and exit to its territory, and attempts to enact a Palestinian nationality law have failed.35 The displacement of Palestinians initiated by the creation of Israel in 1948 (and continuing subsequently), combined with the negation of Palestinians’ right to self-determination, has resulted in the statelessness of many Palestinians. This does not negate the fact that Palestinians have an entitlement to Palestinian nationality under international law; rather it is a recognition that, at present, Palestinians are ‘not considered nationals by any State under the operation of its law’, as per the 1954 Convention definition. As such, Palestinians who have not acquired the nationality of another country should be considered not only refugees but also stateless persons. While this briefing does not expand on the various legal statuses of Palestinians depending on their place of residence, it is worth noting that some Palestinians residing in Israel have acquired Israeli ‘citizenship’ (a legal status that confers lesser rights than Israeli ‘nationality’, which is reserved for Jewish people under Israeli law), and most Palestinians residing in 1948 Palestine (current day Israel) were excluded from obtaining Israeli citizenship following the creation of Israel and their forced displacement.36 Furthermore, most Palestinians residing in neighbouring Arab countries 32 The International Law Commission describes diplomatic protection as: ‘the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act to a natural or legal person that is a national of the former State with a view to the implementation of such responsibility’: UN, Draft Articles on Diplomatic Protection with commentaries (2006) Pt 1, Art I. 33 See Alice Edwards, ‘The Meaning of Nationality’ (fn 26). 34 African Commission on Human and Peoples’ Rights, The Right to Nationality in Africa (2015), p. 13; Albanese and Takkenberg, Palestinian Refugees in International Law (fn 25) Part One (III), S. 3.2.2. 35 The legal status of the Palestinian territories is primarily determined by two Advisory Opinions of the International Court of Justice (ICJ) which concluded that the West Bank, including East Jerusalem, and the Gaza Strip are occupied territories under international law, as they were occupied in 1967 during the conflict between Jordan and Israel. Israel therefore has the status of Occupying Power, according to the definition of the Fourth Geneva Convention. The occupied territories include Gaza, since although Israel withdrew its military presence in 2005, it still maintains control over the territory, meaning that it remains under the authority of a hostile army, even without a continuous physical presence. See ICJ, Advisory Opinion (2004) (fn 30) para 78, 89; ICJ, Advisory Opinion (2024) (fn 30). 36 Susan Akram, ‘Palestinian Nationality and “Jewish” Nationality’ (fn 28) 201 - 204; BADIL, Palestinian Refugee Children: International Protection and Durable Solutions (2007) p 6. See also Blog by ENS Individual Member, Palestinian citizens of Israel fear risk of becoming stateless amidst rising calls for citizenship revocation (12 September 2024). 10