Israel's Law of Return and the Debate of Altering
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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis
American University International Law Review Volume 15 | Issue 5 Article 2 2000 Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem Ardi Imseis Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Imseis, Ardi. "Facts on the Ground: An Examination of Israeli Municipal Policy in East Jerusalem." American University International Law Review 15, no. 5 (2000): 1039-1069. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. FACTS ON THE GROUND: AN EXAMINATION OF ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ARDI IMSEIS* INTRODUCTION ............................................. 1040 I. BACKGROUND ........................................... 1043 A. ISRAELI LAW, INTERNATIONAL LAW AND EAST JERUSALEM SINCE 1967 ................................. 1043 B. ISRAELI MUNICIPAL POLICY IN EAST JERUSALEM ......... 1047 II. FACTS ON THE GROUND: ISRAELI MUNICIPAL ACTIVITY IN EAST JERUSALEM ........................ 1049 A. EXPROPRIATION OF PALESTINIAN LAND .................. 1050 B. THE IMPOSITION OF JEWISH SETTLEMENTS ............... 1052 C. ZONING PALESTINIAN LANDS AS "GREEN AREAS"..... -
The Absentee Property Law and Its Implementation in East Jerusalem a Legal Guide and Analysis
NORWEGIAN REFUGEE COUNCIL The Absentee Property Law and its Implementation in East Jerusalem A Legal Guide and Analysis May 2013 May 2013 Written by: Adv. Yotam Ben-Hillel Consulting legal advisor: Adv. Sami Ershied Language editor: Risa Zoll Hebrew-English translations: Al-Kilani Legal Translation, Training & Management Co. Cover photo: The Cliff Hotel, which was declared “absentee property”, and its owner Ali Ayad. (Photo by: Mohammad Haddad, 2013). This publication has been produced with the financial assistance of the Norwegian Ministry of Foreign Affairs. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the Norwegian Ministry of Foreign Affairs. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non-governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Talia Sasson, Adv. Daniel Seidmann and Adv. Raphael Shilhav for their insightful comments during the preparation of this study. 3 Table of Contents 1. Introduction ...................................................................................................... 8 2. Background on the Absentee Property Law .................................................. 9 3. Provisions of the Absentee Property Law .................................................... 14 3.1 Definitions .................................................................................................................... -
A Plan for Allocating Successor Organization Resources
A Plan for Allocating Successor Organization Resources Report of the Planning Committee, Conference On Jewish Material Claims Against Germany June 28, 2000 25 Sivan 5760 1 Rabbi Israel Miller, President, Conference On Jewish Material Claims Against Germany 15 East 26 Street New York, New York Dear Israel, I am pleased to enclose A Plan for Allocating Successor Organization Resources, the report of the distinguished Planning Committee which I have had the honor of chairing. The Committee has completed a thoughtful ten-month process, carefully reviewing the issues and exploring a variety of options before coming to the conclusions contained in this document. We trust that you will bring these recommendations to the Board of Directors of the Claims Conference for review and action. Through this experience, I have become convinced that the work of the Claims Conference is not adequately understood or appreciated. I hope that this report and the results of this planning process will help dispel the confusion about the past and future achievements of the Claims Conference. No amount of money can compensate for the destruction of innocent human beings and thriving communities or the decimation of the Jewish people as a whole by the Nazis. We can try to use available resources - specifically the proceeds of the sale of communal and unclaimed property in the former East Germany - to respond to the most critical needs related to the consequences of the Shoah. This is what the enclosed Plan tries to accomplish. I want to thank the members of the Committee who came from near and far for their attendance and commitment, and for the high quality of their participation. -
The Definition of a Jew Under Israel's Law of Return, 17 Sw L.J
SMU Law Review Volume 17 | Issue 1 Article 9 1963 The efinitD ion of a Jew under Israel's Law of Return Yabuda Savir Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Yabuda Savir, The Definition of a Jew under Israel's Law of Return, 17 Sw L.J. 123 (1963) https://scholar.smu.edu/smulr/vol17/iss1/9 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE DEFINITION OF A JEW UNDER ISRAEL'S LAW OF RETURN Yehuda Savir* A question not easily resolved is, What is the definition of a Jew? Do all of the religious sects in the world that claim to be Jews enjoy such a status? What about a person who is born as a Jew and later converts to another religion? The legal problem of defining who is considered to be a Jew arises because of the unique nature of the State of Israel. The difficulty is caused in part by the lack of clarity and certainty concerning the legal and extra-legal relationships between the Jewish religion and that State. For instance, although Israel makes no distinction between Jews and non-Jews with respect to internal administration, in the area of immigration and naturalization a Jew has a slight advantage over a non-Jew.' Thus, in that area, at least, a line of demarcation must be drawn. -
US/Israeli Comparative Law Summer 2009 Naomi Gale, (Schusterman Visiting Professor) University of Colorado, Boulder
Law US/Israeli comparative Law Summer 2009 Naomi Gale, (Schusterman Visiting Professor) University of Colorado, Boulder Maymester: 5/13 – 6/2 Monday-Friday: 9:00am – 12:15pm Wolf Law Building: Room 306 Office Hours: Tues 1:00pm-3pm Course Description This course compares the various facades of the Israeli and American Legal Systems. Both systems derived from the British Common Law System, however each developed its own uniqueness in accordance with societal and legal forces, each distinctive to its own society with its unique history. For example, the legal system of Israel today belongs to the family of mixed jurisdictions combining tenets of the Common Law and the Civil Law, with Israel’s unique history and characteristics, and the revolutionary changes in the legal system since the independence of the state. We will discuss the centrality of the Judiciary and compare the Supreme Courts and the High Courts of Justice in both countries, particularly their conduct in the arena of the protection human rights and civil rights, particularly of minorities, under the American Constitution and under the Israeli Basic Laws. We will also study the structures of the general court systems in both, while paying special attention to specialized courts. Amongst those, a special attention will be given to the study of the religious court in Israel, its centrality in the life of Israelis and in the shaping of the laws of personal status, such as the absence of civil marriage and divorce and the position of women in Israeli society. Major areas the course covers are: Constitutional Law: we will draw comparison between the American Constitution and the Basic Laws of Israel, which are of a higher normative status, and are a key component of Israel's constitutional law. -
Religion and Society in Israel (REL 3672/RLG 5613)
Religion and Society in Israel (REL 3672/RLG 5613) Distinguish Professor Tudor Parfitt Email: [email protected] Office hours: by appointment Course objectives: Currently, Gaza is in the news and Europe is filled with demonstrations against the Gaza blockade and the war. There are many voices blaming Israel while other seeks Hamas responsibility. The religious motives of Hamas did not receive much attention in the media, but they will in this course. Similarly we hear voices blaming “the Jews” and anti- Semitism is on the rise throughout the world, and particularly in Europe. This course will enable students to acquire tools to analyze the current situation and the many world-wide situations like it. As some people are saying ‘Religion is the new Politics’. We will try to understand the importance of religion, culture and politics in the internal and external conflicts of Israeli and the wider Middle Eastern society. This course will look at Israeli and Middle Eastern society from a variety of perspectives. Israel is an immigrant society. Like many other immigrant societies, it is heterogeneous and composed of different groups. Its diversity is based on varied dimensions: origin, religion, ethnicity, life chances, identity and many more. This class will examine Israeli society through the lens mainly of religion. It will discuss variations between different Jewish, Christian and Muslim. In order to understand those issues in current Israeli and Middle Eastern society, we will include in our study the historical events and debates that led to external conflicts and internal cleavages. However, we cannot understand religion in current Israeli and Middle Eastern society without understanding the importance of the land of Israel to the three monotheistic religions: Christianity, Islam and Judaism. -
4537-ZOA Report SP07.P4
report A Publication of the Zionist Organization of America Spring 2007 PUTTING PALESTINIAN AUTHORITY’S MAHMOUD ABBAS INTO FOCUS “It is our duty to implement the principles of Yasser Arafat” INSIDE: ZOA’s JUSTICE LOUIS BRANDEIS ANNUAL DINNER FEATURED: MORT ZUCKERMAN, RONALD LAUDER & JAMES TISCH ZOA NATIONAL CONVENTION ZOA ON THE BAKER REPORT ANSWERING JIMMY CARTER ZOA CAMPUS NETWORK ZOA RESPONDS TO ATTACKS ON PRO-ISRAEL LOBBY 4537-ZOA Report SP07.p6 2/12/07 11:21 AM Page 2 ZOA President’s Message Abbas: Promotes Terrorism – Not Peace Palestinian Authority President Mahmoud Abbas – labeled as a “moderate” by both Washington and the media – spoke to a rally of Fatah supporters in Ramallah. His message was for Palestinians to stop killing each other. But rather than merely call for communal peace, he urged them to murder Israeli Jews instead. Abbas called for Palestinians to turn their guns and rifles on Israeli Jews, “saying: “We have a legitimate right to direct our guns against Israeli occupation. It is forbidden to use these guns report against Palestinians. ... Our rifles, all our rifles are aimed at the occupation.” Spring 2007 Iran’s notorious President Mahmoud Ahmadinejad would have been proud to deliver a speech such as that given by the supposed moderate Abbas. Published by the This was not just a case of one small, revealing statement of extremism from the P.A. leader. On the contrary, in this Zionist Organization of America speech, Abbas praised the late PLO leader Yasser Arafat and other Fatah terrorists killed in attacks on Israelis as Jacob and Libby Goodman ZOA House 4 East 34th Street, New York, NY 10016 “martyrs,” as well as specifically saluting Sheik Ahmed Yassin, one of the founders of the terrorist group Hamas. -
Israel: Acquisition of Citizenship, Two Types of Passport, and Tax
The Henley & Partners - Kochenov EXPERT COMMENTARY Israel: Acquisition of Citizenship, Two Types of Passport, and Tax Implications By: Eli Gervits Henley & Partners – Kochenov Quality of Nationality Index • 2nd Edition 2016 Israel: Acquisition of Citizenship, Two Types of Passport, and Tax Implications Israel: Acquisition of Citizenship, Two Types of Passport, and Tax Implications Eli Gervits Eli Gervits Law Offices, Tel Aviv, Israel The Israeli nationality is somewhat unique compared to other nationalities, distinguishing between different categories of citizens. Two passports are issued in this respect by the State of Israel: an ordinary passport and the Israeli Laissez-passer.1 The latter is issued in exceptional circumstances, including to: • Israeli citizens who have stayed more than 10 years abroad without visiting the motherland • Israeli citizens who have lost or destroyed two or more passports in a period of 10 years • Most importantly, citizens who have just acquired Israeli citizenship status by virtue of the ‘Law of Return’ (new legislation in this respect passed in Israeli Parliament but legal practice hasn't taken shape yet) Israeli citizenship can be acquired by birth, by way of the Law of Return, through residence or naturalization. Israeli citizenship is granted by birth to children whose mother or father are Israeli citizens regardless of whether the child was born in Israel or outside of it.2 This also applies to children born after the death of either parent, if the late parent was a citizen of Israel at the time of death. The overwhelming majority of Israeli citizens who do not acquire their citizenship by birth receive it under the provisions of the Law of Return of 1950. -
A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH
HUMAN RIGHTS A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Copyright © 2021 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-900-1 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org APRIL 2021 ISBN: 978-1-62313-900-1 A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Map .................................................................................................................................. i Summary ......................................................................................................................... 2 Definitions of Apartheid and Persecution ................................................................................. -
Evaluating the Palestinians' Claimed Right of Return
03 KENT (DO NOT DELETE) 1/21/2013 4:00 PM EVALUATING THE PALESTINIANS’ CLAIMED RIGHT OF RETURN ANDREW KENT* ABSTRACT This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947–49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a “right of return” for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees’ flight, and asserting that international law provides no right of the refugees to return to Israel. Each side has scholars and advocates who have supported its factual and legal positions. This Article advances the debate in several respects. First, it moves beyond the fractious disputes about who did what to whom in 1947–49. Framed as a ruling on a motion for summary judgment, the Article assumes arguendo the truth of the Palestinian claim that the pre- state Jewish community and later Israel engaged in concerted, forced expulsion of those Palestinian Arabs who became refugees. Even granting this pro-Palestinian version of the facts, however, the Article concludes that such an expulsion was not illegal at the time and that international law did not provide a right of return. A second contribution of this Article is to historicize the international Copyright © 2012 by Andrew Kent. * Associate Professor, Fordham Law School; Faculty Advisor, Center on National Security at Fordham Law School. -
NBN-Aliyah-Guidebook.Pdf
Welcome In 2002 we asked ourselves (and others), why are so few North Americans making Aliyah? What is holding people back? How can Aliyah be done differently? Can the process be improved? And if it can, will Aliyah increase? Will answering these questions encourage more people to make the move? What would a wave of increased Aliyah look like? 15 YEARS AND 50,000 OLIM LATER, THE ANSWER IS CLEAR. Imagining greater possibities was not a one-time exercise. It is the underlying principle that guides Nefesh B’Nefesh services, helps us The mission of Nefesh B’Nefesh identify where to improve, what resources to make available and the is to make the Aliyah process obstacles to help alleviate. easier, facilitate the integration BUT THIS IS ONLY HALF THE STORY. of new Olim into Israeli society and to educate the Jews of the It is our community of Olim who, on a very personal level, are asking Diaspora as to the centrality of themselves the same questions. the Israel to the Jewish People. The individuals and families who are choosing to imagine greater possibilities, seeing greater potential, a greater future… and are By removing professional, choosing a different path from the overwhelming majority of their logistical and financial peers, families and communities. obstacles, and sharing the AND WHAT ARE THEY FINDING? Aliyah story of Olim actively building the State of Israel,we Aside from the basics, they are finding warm communities, great jobs, and holistic Jewish living. They are tapping into something bigger – encourage others to actualize there is a tangible feeling of being part of Israel’s next chapter and their Aliyah dreams.