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- 1) Jews are given automatic citizenship in the State of Israel:
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| Right of aliya. |
- 1. Every Jew has the right to come to this country as an oleh.
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| Oleh's visa. |
- 2.
- (a) Aliyah shall be by oleh's visa.
- (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant
- (1) is engaged in an activity directed against the Jewish people; or
- (2) is likely to endanger public health or the security of the State.
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- 2) In contrast, Arabs who fled Israel during the fighting of 1948 (for whatever reason) are forbidden reentry and citizenship in the country that now rules over their home:
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| General provision. |
- 1. The entry of a person, other than an Israel national or an oleh under the Law of the Return, 5710-1950, into Israel shall be by visa, and his residence in Israel shall be by permit of residence, under this Law.
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| Regulations. |
- 14. The Minister of the Interior may make regulations as to any matter relating to the implementation of this Law, including, inter alia, regulations as to the following:
- (1) categories of persons who shall be disqualified for the receipt of a visa or permit of residence under this Law;
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| Nationality by Residence in Israel. |
- 3.
- (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; 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.
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| Definitions. |
- 1. In this Law --
- "infiltrator" means a person who has entered Israel knowingly and unlawfully and who at any time between the 16th Kislev, 3708 (29th November, 1947) and his entry was -
- (1) a national or citizen of the Lebanon, Egypt, Syria, Saudi-Arabia, Trans-Jordan, Iraq or the Yemen ; or
- (2) a resident or visitor in one of those countries or in any part of Palestine outside Israel ; or
- (3) a Palestinian citizen or a Palestinian resident without nationality or citizenship or whose nationality or citizenship was doubtful and who, during the said period, left his ordinary place of residence in an area which has become a part of Israel for a place outside Israel.
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| Deportation. |
- 30.
- (a) The Minister of Defence or a person authorised by him may order in writing the deportation of an infiltrator, whether or not he has been charged under this Law. The order shall be a legal warrant for holding the infiltrator in custody pending his deportation.
- (b) Where a person has entered Israel without permission before the coming into force of this Law and may for this reason be ordered to be deported from Israel either under the Immigration Ordinance, 1941, or under the Entry into Israel Law, 5712-1952, the provisions of subsection (a) shall apply to him as if he had entered Israel before the coming into force of this Law.
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| International Human Rights Law concerning this form of discrimination. |
The act of not allowing non-combatants to return to their homes following the end of fighting is considered to be a breach of international humanitarian law (which are the international laws that apply to wartime). Thus, here are a few of the main quotes that apply to the situation where the Israeli government did not allow Arabs to return to their homes following the 1948 fighting:
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- Article 45. Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
- Article 46. In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.
- Article 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
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- Article 85. Repression of breaches of this Protocol
- 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:
- (b) unjustifiable delay in the repatriation of prisoners of war or civilians;
- 5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.
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In addition, here are what some of the international Human Rights laws say about inequality in reference to citizenship and immigration, particularly being allowed to move back to your home:
- 1. Universal Declaration of Human Rights (10 December 1948)
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
- 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.
- Article 17.
- (2) No one shall be arbitrarily deprived of his property.
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- 2. International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965)
- Article 5.
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (ii) The right to leave any country, including one's own, and to return to one's country;
- (iii) The right to nationality;
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- 3. International Covenant on Civil and Political Rights (16 December 1966)
- Article 12.
- 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
- 2. Everyone shall be free to leave any country, including his own.
- 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
- 4. No one shall be arbitrarily deprived of the right to enter his own country.
- Article 26. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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- 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)
- 5. International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976)
The purpose of these laws was largely to keep Palestinian Arabs who had left during the 1948 fighting from returning to their homes in Israel so that the Jewish government could maintain a demographic Jewish majority in the new country. Thus, even though the crime of apartheid pertains to how a government treats its own citizens, or the inhabitants of its country, it would still apply to this group of refugees because, by law, they should have been allowed to return to their homes. Thus the part of the apartheid law that would apply would be the part that refers to the right of civilians to enjoy full freedom of movement and participation in the social and cultural life of their own home-country.
- Article II. For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
- c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
- d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
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