P F Tinmore, et al,
Oh you're so close; but, wrong.
There are several but here is one to chew on.
1. Citizenship Palestinian citizens residing in Palestine outside the City of Jerusalem, as well as Arabs and Jews who, not holding Palestinian citizenship, reside in Palestine outside the City of Jerusalem shall, upon the recognition of independence, become citizens of the State in which they are resident and enjoy full civil and political rights.
The Avalon Project : UN General Assembly Resolution 181
All Palestinians whose normal residence was in the territory that became Israel would become Israeli citizens. This reiterates international law so it is true whether there is a resolution 181 or not. The criterion is normal residence not physical presence so that would include refugees.
(COMMENT)
First off: Nowhere in
Chapter 3 --- Citizenship, international conventions and financial obligations, A/RES/181(II), does it stipulate that "criterion is normal residence not physical presence?"
(Does it really say that? Or did you interpret that?) In fact the words "normal or habitual" are not used in this non-binding resolution. Although the intent may include your assumption. Below, I demonstrate how Israel meets this requirement.
More importantly, there is no international citizenship or nationality laws prior to:
NATIONALITY, STATELESSNESS, ASYLUM AND REFUGEES
What the Universal Declaration of Human Rights (UDHR)
A/RES/217(III), says is:
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
The
European Convention on Nationality (Strasbourg, 6.XI.1997)(ECN) is a bit more definitive.
Chapter VI – State succession and nationality
Article 18 – Principles
- In matters of nationality in cases of State succession, each State Party concerned shall respect the principles of the rule of law, the rules concerning human rights and the principles contained in Articles 4 and 5 of this Convention and in paragraph 2 of this article, in particular in order to avoid statelessness.
- In deciding on the granting or the retention of nationality in cases of State succession, each State Party concerned shall take account in particular of:
- the genuine and effective link of the person concerned with the State;
- the habitual residence of the person concerned at the time of State succession;
- the will of the person concerned;
- the territorial origin of the person concerned.
- Where the acquisition of nationality is subject to the loss of a foreign nationality, the provisions of Article 16 of this Convention shall apply.
Article 19 – Settlement by international agreement
In cases of State succession, States Parties concerned shall endeavour to regulate matters relating to nationality by agreement amongst themselves and, where applicable, in their relationship with other States concerned. Such agreements shall respect the principles and rules contained or referred to in this chapter.
Article 20 – Principles concerning non-nationals
- Each State Party shall respect the following principles:
- nationals of a predecessor State habitually resident in the territory over which sovereignty is transferred to a successor State and who have not acquired its nationality shall have the right to remain in that State;
- persons referred to in sub-paragraph a shall enjoy equality of treatment with nationals of the successor State in relation to social and economic rights.
- Each State Party may exclude persons considered under paragraph 1 from employment in the public service involving the exercise of sovereign powers.
However, the ECN was written in 1997 and is not relevant as a legal precedent prior to that time; including the Arab-Israel Wars of 1948, 1967, and 1973.
Second, the rule of thumb for Refugees is very different than you assert. CERI is not "law". It is and Administrative Guide. Most Palestinians registered under CERI are not true refugees, living off the dole.
Third, no one in the West Bank or Gaza Strip is either a stateless person or a true refugee. And Palestinians of the West Bank and Gaza Strip who have acquired a new nationality (that of the State of Palestine) or held a previous nationality (citizen of the Hashemite Kingdom), and enjoyed the protection of that nation, is well beyond the consideration of Israel.
Fourth: (I am not an expert of Israeli Law.) But my understanding is that current Israeli Citizenship and Nationality Law cover:
- (a) A person who, immediately before the establishment of the State, was a Palestinian citizen and who does not become a Israel national under section 2, shall become an Israel national with effect from the day of the establishment of the State if -
- (1) he was registered on the 4th Adar, 5712 (1st March 1952) as an inhabitant under the Registration of Inhabitants Ordinance, 5709-1949(2); and
- (2) he is an inhabitant of Israel on the day of the coming into force of this Law; and
- (3) he was in Israel, or in an area which became Israel territory after the establishment of the State, from the day of the establishment of the State to the day of the coming into force of this Law, or entered Israel legally during that period.
- (b) A person born after the establishment of the State who is an inhabitant of Israel on the day of the coming into force of this Law, and whose father or mother becomes an Israel national under subsection (a), shall become an Israel national with effect from the day of his birth.
I believe that
NATIONALITY LAW, 5712-1952* PART ONE: ACQUISITION OF NATIONALITY conforms to the general stipulations under the
UDHR A/RES/217(III), pertaining to Nationality.
Most Respectfully,
R