However, under customary international law of state succession, quite entrenched
by 1952,108 a successor state could not discriminate against particular national/
ethnic groups in conferring nationality in the new state, and was obliged to grant all
habitual residents of the successor territory the citizenship of the successor state,
as mentioned above.109Thus, Israel’s Nationality Law violated international law at
the time it was passed, and Palestinian Nationality as established by the Lausanne
Treaty continues to this day. What becomes relevant, then, is not the definition of
de jure statelessness under the 1954 Convention Relating to the Status of Stateless
Persons (1954 Stateless Persons Convention), but the broader definition of de
facto statelessness under the 1961 Convention on the Reduction of Statelessness
(1961 Statelessness Convention).110
Refugees and stateless persons lack the protection of their country either
as a matter of law or as a matter of fact. The 1951 Convention Relating to the
Status of Refugees (1951 Refugee Convention) and the 1954 Convention Relating
to the Status of Stateless Persons (1954 Stateless Persons Convention) aim at
protecting those persons who, for whatever reason, are deprived of such protection
by providing for a legal status (i.e., “refugee” or “stateless person” status) and
prescribing basic humanitarian standards of treatment which persons entitled to
such status may enjoy.
The 1954 Stateless Persons Convention
The history of the 1954 Stateless Persons Convention dates back to 1947, when the Working Party
on an International Convention on Human Rights, created by the UN Commission on Human Rights,
presented a report recommending, inter alia, the drafting of a resolution on stateless persons.111 The
Commission furthered the proposal by asking the United Nations to “make recommendations to
Member States with a view to concluding conventions on nationality.”112 The question was considered
by the UN Economic and Social Council (ECOSOC), which, in March 1948, asked the SecretaryGeneral, in consultation with specialized agencies, to carry out a study on stateless persons.113
See, e.g., Ian Brownlie, The Rule of Law in International Affairs: International Law at the Fiftieth
Anniversary of the United Nations (MartinusNijhoff Publishers, 1998), 54–55.
109
For details, see Gail Boling, The 1948 Palestinian Refugees and the Individual Right of Return: An
International Law Analysis (Bethlehem, Palestine: BADIL Resource Center for Palestinian Residency
and Refugee Rights, 2007), http://www.BADIL.org/en/documents/category/35-publications?down
load=101%3Aindividualror-en.
110
Most of this argument is made by Qafisheh, The International Law Foundations of Palestinian
Nationality: A Legal Examination of Nationality in Palestine under Britain’s Rule. It should be noted
that Israel is a state Party to the 1954 Stateless Persons Convention and that it has signed, but not
ratified, the 1961 Statelessness Convention.
111
UN Economic and Social Council, “Commission on Human Rights, Second Session: Report of the
Working Party on an International Convention on Human Rights,” December 11, 1947, para. 15, UN
Doc. E/CNA/56, http://www.un.org/ga/search/view_doc.asp?symbol=E/CN.4/56.
112
UN Economic and Social Council, “Report of the Commission on Human Rights, Second Session,”
December 17, 1947, para.46(1)(a), UN Doc. E/600, http://www.un.org/en/ga/search/view_doc.
asp?symbol=E/600.
113
UN Economic and Social Council, “Resolution 116D: Stateless Persons,” March 2, 1948, UN Doc.
E/RES/116(VI), http://www.un.org/ga/search/view_doc.asp?symbol=E/RES/116(VI); see also
UN Economic and Social Council, “A Study of Statelessness” (UN Ad Hoc Committee on Refugees
and Stateless Persons, August 1, 1949), E/1112; E/1112/Add.1, http://www.refworld.org/
pdfid/3ae68c2d0.pdf.
108
18
Handbook on Protection of Palestinian Refugees
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