Who Has the Right to Become a Palestinian Citizen?: An International Law Analysis

Abstract

This paper attempts to analyze the legal status of the persons who would be eligible, under international law, to acquire the citizenship of the State of Palestine as recognized by the United Nations General assembly on 29 November 2012. It offers a typology for the various groups that are linked, through the present or former permanent residence in the West Bank or the Gaza Strip. While the current native residents of the West Bank or Gaza would automatically qualify for Palestinian citizenship, other groups who relate to the State of Palestine need careful consideration before acquiring citizenship, including inhabitants of East Jerusalem, refugees who emigrated from the territory of the State of Israel since 1948 and settled in the West Bank or Gaza, West Bankers or Gazans who were expelled from these two areas at any point since July 1925 and were prevented by Britain (1917-1948) or by Israel (since June 1967) to return, and Jewish-Palestinian natives of the West Bank or Gaza who lost their residence therein since May 1948. The paper provides a framework upon which the citizenship law of the State of Palestine might be based.