periods.49 Israel, with its creation, effectively, even if not formally, nullified
the 1925 Palestinian Citizenship Order-in-Council, a British law that created
the legal status of Palestinian citizenship in Mandatory Palestine.50 Israel’s
decision to discontinue Palestinian citizenship was an act of affirming Jewish
independence and proclaiming sovereignty. It signified the end of British
authority over Palestine. Nullifying Palestinian citizenship was also an act
of erasure. It was aimed at severing the legal ties and claims that Palestinians
had to Palestine, thereby undermining their right of return.
At the same time, Israel did not rush to create its own national citizenship. This legal lacuna affected both Jewish settlers and Palestinian natives,
albeit in different ways. It prevented the issuance of Israeli passports and
the extension of diplomatic protection, compromised inheritance rights,
and made the signing of extradition treaties impossible.51 The absence of an
Israeli citizenship especially affected stateless Jews, predominantly European
Jews who had lost their citizenship as a result of the Holocaust, as they were
effectively without status. On the Palestinian side, after having enjoyed a
formal legal status under both the Ottoman Empire and the British Mandate,
all Palestinians—both refugees and those who remained in territories under
Israeli control—became stateless and status-less.52 The Palestinians who did
manage to remain in their homeland became vulnerable targets for expulsion and deportation. For them, the acquisition of Israeli citizenship was a
matter of sumud (steadfastness), a term that refers to Palestinian resistance
and survival under conditions of Zionist/Israeli colonization and oppression.
Israel’s inaugural elections, which took place in January 1949, constituted the first significant moment at which Israel had to deal with the status
of the Palestinians who remained in the territories it controls. Suffrage was
the main question with which it grappled. Israeli leaders decided to extend
voting rights to the Palestinians under their rule, thus making Israel the only
settler state to grant suffrage rights to (some of) its indigenous population
from its very first parliamentary elections. Robinson attributes the decision to international constraints. With Israel having emerged as a settler
colonial state in the mid-twentieth century, she argues, its leaders wanted
international recognition at a historical moment of emerging human rights
norms and a consolidating liberal order. Israel thus sought to be admitted as
a UN member state. When its first bid for membership in the UN failed in
1948, Israel submitted a second. Fears of another failure, Robinson argues,
18
Electronic copy available at: https://ssrn.com/abstract=3533490