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Detail - International Law and Israeli Violation of Arab Family Unity


Goto Source for this Table - Section of International Law Study Guide covering Israeli Violation of Arab Family Unity.


Violations of International Law

Nationality and Entry into Israel (Temporary Order) Law (2003) violates international law in a number of ways, in addition to the violations by the other Israeli laws of immigration and citizenship:

Previous Israeli Laws
Violated International Laws
(basic principles of equality in immigration and citizenship)
Right of aliya.
  • 1. Every Jew has the right to come to this country as an oleh.
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.
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(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.
violates equality in immigration and citizenship
  • Article 1.
    • 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
    • 3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
  • Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
    • (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;

Previous Israeli Law
Violated International Laws
(basic principle that civilians be allowed to return to their homes once fighting has stopped)
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 -
      • (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.
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.
Presumption of infiltration. 10. A person who enters Israel without permission or who is in Israel unlawfully is, for the purposes of this Law, deemed to be an infiltrator so long as he has not proved the contrary.
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.

New Israeli Law
Violated International Laws
(basic principle that separated families be allowed to re-unite following the end of fighting)
NATIONALITY AND ENTRY INTO ISRAEL (TEMPORARY ORDER) LAW (2003)
Definitions.
  • 1. In this Law –
    • “region” – each of these: Judea and Samaria and the Gaza Strip;
    • “resident of the region” – including a person who lives in the region but is not registered in the region’s Population Registry, excluding a resident of an Israeli community in the region.
Restriction on nationality and residence in Israel. 2. During the period in which this Law shall be in effect, notwithstanding the provisions of any law, including section 7 of the Nationality Law, the Minister of Interior shall not grant a resident of the region nationality pursuant to the Nationality Law and shall not give a resident of the region a permit to reside in Israel pursuant to the Entry into Israel Law. The regional commander shall not give such resident a permit to stay in Israel pursuant to the defense legislation in the region.
  • Article 26. Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations.
  • Article 74. Reunion of dispersed families - The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations.
  • Article 4 Fundamental guarantees
    • 3. Children shall be provided with the care and aid they require, and in particular:
      • (b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated;


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(c) Israel Law Resource Center, February, 2007. 1