Israel’s New Citizenship Law: A Blow to Muslim Anti-Nationalists
- What is the new Citizenship Law of Israel?
- What made Israel pass this law?
- Why is it controversial?
- How has the international community responded to the law?
- Is there something that India can learn from it?
- What is the new Citizenship Law of Israel?
- The parliament of Israel, the Knesset, passed a law On February 15, passed a law, which permits the country to revoke the citizenship of and deport individuals who have been convicted of terrorism and have received funding from either the Palestinian Authority or an affiliated organization.
- The new law received 94 votes in favour and 10 votes against, with some right-wing opposition members supporting it despite their opposition to Israel’s recent judicial reforms that grant the legislature more authority in certain judicial matters. These members support the law’s stance on Palestinians.
- Section 3(a) of the 1952 Citizenship Law stipulated that individuals who were Palestinian citizens immediately prior to the establishment of the State of Israel but did not become Israeli nationals under section 2 would automatically become Israeli nationals on the day of the State’s establishment, provided they met certain conditions, such as registering on the “4th Adar” or having been an inhabitant before the 1952 law.
- Despite this provision, Israel’s Supreme Court, in response to an appeal from the Legal Centre for Arab Minority Rights in Israel and the Association for Civil Rights in Israel (ACRI) against a 2017 decision by the Haifa District Court, ruled on July 21, ,2022 that citizenship and residency of “disloyal citizens” can be revoked for acts like espionage, terror, and treason, which are considered a breach of loyalty. This ruling was made even before the passage of the 1952 Citizenship Law.
- The recently passed law aims to revoke the citizenship of individuals convicted of terrorism and who receive financial support from the Palestinian Authority (PA) or its affiliated organizations. The PA is a semi-autonomous governing body of the occupied West Bank that provides financial aid to the families of Palestinian prisoners in Israeli jails or to those who have been killed or injured by Israeli forces, according to Al Jazeera. However, Israel refers to this practice as “pay for slay” and argues that it does not apply to Jewish terrorists.
- The law applies to “convicted terrorists” who can be either Palestinian citizens of Israel or Palestinian residents of East Jerusalem, which has been annexed and occupied by Israel.
- What made Israel pass this law?
- The new law has been enacted in Israel allowing for the revocation of citizenship of Israeli Arabs who have been convicted of terrorism and receive financial assistance from the Palestinian Authority (PA).
- Israel has labelled the financial aid provided by the Palestinian Authority (PA) as a “pay for slay” policy, accusing it of promoting violence. The government has already taken action to freeze the bank accounts or confiscate the assets of individuals holding Israeli citizenship or Jerusalem residency rights who are suspected of receiving this type of financial support.
- The issue of monthly stipends provided by the Palestinian Authority (PA) to Palestinian prisoners, as well as to their families, for carrying out attacks against Israelis has been a subject of much controversy for some time.
- The “Israel: Nationality Law, 5712-1952,” commonly referred to as the 1952 Citizenship Law, permitted the granting of Israeli citizenship to Palestinians based on certain requirements, such as being a former Palestinian citizen prior to the creation of the State of Israel.
- This law also has the potential to strip residency rights from Palestinian individuals who live in the occupied East Jerusalem.
- In the wake of several months of escalating violence, including Israeli military operations against militants in the West Bank and street attacks by Palestinians against Israelis, there was significant support for the law among members of the Israeli parliament.
- Ofir Katz, a member of the Israeli parliament from the ruling Likud party and the leader of the joint committee responsible for drafting the proposal, argued that the law would provide solace to families who have lost loved ones.
- Katz expressed his hope that the passing of the law would mark the beginning of a new era, stating that such legislation is the true responsibility of elected officials. He further asserted that a terrorist who receives financial support from the Palestinian Authority should be sent to Gaza or any other location outside of Israel.
- Why is it controversial?
- Opponents argue that the law is discriminatory and contravenes international law, as it could potentially render individuals stateless.
- For many Palestinians, those who are imprisoned in Israeli jails for their involvement in the nationalist struggle are viewed as heroes, while the Palestinian Authority (PA) considers the payments made to them as a form of social welfare.
- During parliamentary discussions, it was mentioned that the new legislation would have an impact on hundreds of prisoners.
- Ahmed Tibi, a member of the Israeli parliament, pointed out that Yigal Amir, a Jewish extremist who assassinated former Prime Minister Yitzhak Rabin, was not stripped of his citizenship nor was there any proposal to do so. This, he argued, demonstrated the discriminatory nature of the new law.
- Approximately one-fifth of Israel’s population are Arab citizens who typically identify with and as Palestinians. Meanwhile, most Palestinians in East Jerusalem, which Israel took control of during the 1967 Middle East war and later annexed in a move not accepted by the international community, have permanent residency status.
- How has the international community responded to the law?
- The Palestinian Ministry of Foreign Affairs denounced the law as “the most repulsive type of racism,” while opposition lawmakers who opposed the bill argued that it was discriminatory because it did not extend to Jewish Israelis who have been convicted of perpetrating attacks against Palestinians or other grave crimes.
- The new citizenship law was passed despite a warning from Avital Sternberg, a senior legal adviser at Israel’s Justice Ministry. In an interview with the Times of Israel, Sternberg cautioned that the proposal was complex and presented legal challenges. She also noted that the law’s failure to take into account a letter of declaration from the PA, which confirms that there are no connections between the organization and the accused terrorist, could create a legal obstacle.
- Is there something that India can learn from it?
- It is difficult to predict how the Indian public would respond to a law similar to the one passed in Israel. Such a law would likely face opposition from human rights groups, civil society organizations, and opposition parties, who may argue that it violates the constitutional right to freedom of speech and association and that it could lead to the persecution of individuals and communities based on their political views.
- Moreover, it is important to ensure that any such law is not used to target individuals based on their religion, ethnicity, or political views and that it adheres to the principles of due process and the rule of law.
- Ultimately, any proposal to pass such a law in India would need to balance the need to protect national security with the protection of civil liberties and human rights. It would require careful consideration and consultation with experts and stakeholders to ensure that it is effective, proportionate, and respects the principles of democracy and justice.
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