Monday, March 5, 2012

From the Net: 'Singular Legal Regime Necessitates One-State Solution' (N. Erakat at Jadaliyya)

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This weekend, the Harvard University community will host its conference, "One-State Conference: Israel/Palestine and the One-State Solution". The conference promises to be an invigorating discussion on the likelihood of the two-state solution, the benefits of the one-state solution, and the challenges to achieving either. In light of that discussion, I thought it useful to share the legal dimensions that demonstrate Israel’s discriminatory system both within its putative borders and the Occupied Palestinian Territory (OPT) as a singular Apartheid regime. The unitary nature of this legal system at once triggers proper legal remedies in international law and underscores the pragmatic thrust of the one-state solution.

Since its establishment, Israel has bifurcated Jewish nationality from Israeli citizenship. Indeed, there is no such thing as Israeli nationality. Instead, the Citizenship Law of 1952, inaccurately termed “Nationality Law,” repealed the Palestinian Citizenship Order of 24th July 1925 under which the indigenous Palestinians were granted the status of citizens and nationals in their country; it resulted in the de facto “denationalization” of this entire population. Henceforth, Israeli law has distinguished between its Jewish population who are both “nationals and citizens” from its non-Jewish population, namely Palestinian Muslims and Christians, who are “citizens-only.” This distinction aims to privilege the rights of Jewish-nationals wherever they may reside and/or abridge the rights of non-Jewish nationals (Palestinian Arabs), regardless of their status as citizens of the State, residents of East Jerusalem, civilians living under occupation in the OPT, or refugees living in exile, with regard to residency rights, land ownership, freedom of movement, nationality, citizenship and the right to leave and return to one’s country.

... full article at Jadaliyya.

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