Zionism, Law and Citizenship: Perils for the Palestinian Arab Minority A thesis submitted to The University of Manchester for the Degree of MPhil in the Faculty of Humanities Year of Submission (2011) Tanzil Chowdhury School of Law 1 Contents Abstract………………………………………………………………………….4 Declaration……………………………………………………………………...5 Copyright Statement…………………………………………………………...6 Acknowledgements…………………………………………………………….7 The Author……………………………………………………………………... 8 Table of Cases……..…………………………………………………………. 9 Introduction……………..……………………………………………………..11 Chapter One- “Variations of Zionist Thought” An everlasting relationship…………………………………………………..14 Zionism as Liberation………………………………………………………...18 Zionism as Imperialism and Racism………………………………………..29 Chapter Two- “Zionism, Implications for Law and the Palestinian Minority” The Relics of Ottoman, Religious and Mandatory Law…………………...37 A Brief History of Israeli State Formation…………………………………..41 To codify or not to codify; that is the Constitution…………………………43 „Jewish and Democratic‟; achieving the impossible?...............................49 Development of Equality and Human Rights Jurisprudence in Israel……….............…………………………………..............................…52 Judicial Independence; toward a Zionist Jurisprudence……………...…..65 Conclusion………………………..……………………………………………69 2 Chapter Three- “Demography and Democracy: The „Ticking Time Bomb‟ for Israeli Law Makers” The Yeredor Ruling and Demography…………………………………..….71 Theorising Demography………………….……………..…………………...73 Demography in Zionist Thought…………………………..…………………77 “War of Cradles”-Political Demography in Israel……………………..…...79 Law, Policy and Demographic Supremacy……………...…………………86 Conclusion……………………..………………………………………………98 Chapter Four- “Zionism and Citizenship: A workable model?” Where do we go from here?................... …………………………………100 Israeli Citizenship Revisited……………………………..…………………102 “De-Zionised Citizenship?”…………… …………………...………………111 Social Membership as Citizenship Acquisition………………...…………131 Social Membership under Zionism………………………………..……….137 Conclusion…………………….……………………………………………..139 Conclusion……………………………………..141 Bibliography……………………………..…….143 Final Word Count: 42854 3 Abstract University of Manchester Tanzil Chowdhury Master of Philosophy- MPhil Zionism, Law and Citizenship: Perils for the Palestinian Arab Minority 16th September 2011 Zionism enjoys an unrivalled privilege in Israel. It is the supreme law, the ideology, both the fulfilment and achievement of its Zionist founders. It has been both celebrated as the movement of liberation for the Jewish people and now the principles upon which the state is governed; but similarly, it has been condemned as a progeny of imperialism and racist colonization- the apotheosis of egalitarians the world over. This thesis looks at several factors which observe the impact of Zionism on equality law in Israel and the legal and political experiences of the Palestinian Arab minority. Firstly, it contends with the different conceptions and perceptions of Zionism, trying to identify common themes in this multifarious doctrine. Having determined as such, the study then moves onto looking at the influence of Zionism, given the privilege of Ideology in Israel, on equality law and democracy observing the consequential impact on the minority Palestinian Arabs. Given the particularist democratic structures in Israel, the work then introduces the aspect of demography, with a specific focus on how Zionism, in the context of a particularist democracy, demands demographic supremacy in order to maintain its perpetuity. Thus further elaboration of how democracy suffers, particularly for the Palestinian Arab minority, is then followed by looking at how laws and policy entrench such practices. Finally, the last section deals with radically reforming such statutes with a concentrated focus on the Citizenship laws in Israel; the cornerstones of the Zionist mantra. These reforms use the principles of recognition and democratic inclusion as their impetus and fundamentally re-evaluate the compatibility (or lack thereof) of Zionism with democracy in light of the repercussions on the Palestinian Arabs. 4 Declaration No portion of the work referred to in the thesis has been submitted in support of an application for another degree or qualification of this or any other university or other institute of learning 5 Copyright Statement i. The author of this thesis (including any appendices and/or schedules to this thesis) owns certain copyright or related rights in it (the “Copyright”) and s/he has given The University of Manchester certain rights to use such Copyright, including for administrative purposes. ii. Copies of this thesis, either in full or in extracts and whether in hard or electronic copy, maybe made only in accordance with the Copyright, Designs and Patents Act 1988 (as amended) and regulations issued under it or, where appropriate, in accordance with licensing agreements which the University has from time to time. This page must form part of any such copies made. iii. The ownership of certain Copyright, patents, design, trade marks and other intellectual property (the “Intellectual Property”) and any reproductions of copyright works in the thesis, for example graphs and tables (“Reproductions”), which may be described in this thesis, may not be owned by the author and may be owned by third parties. Such Intellectual Property and/or Reproductions cannot and must not be made available for use without the prior written permission of the owner(s) of the relevant Intellectual Property and/or Reproductions. iv. Further information on the conditions under the disclosure, publication and commercialisation of this thesis, the Copyright and any Intellectual Property and/or Reproductions described in it may take place is available in the University IP Policy (see http://www.campus.manchester.ac.uk/medialibrary/policies/intellect ual-property.pdf), in any relevant Thesis restriction declarations deposited in the University Library, The University Library‟s regulations (see http://www.manchester.ac.uk/library/aboutus/regulations) and in The University‟s policy on presentation of Theses. 6 Acknowledgements They say that acknowledgements should be a master class in brevity and concision. But I could not, without good conscience, omit or generalise those who have helped me. To my brother in law for providing me the finance to pursue my masters and thus my first stepping stone toward a career in academia; to my friends who have consistently praised and inspired me with their discussions; to Professor Joseph Jaconelli for his comments and constructive criticisms; likewise to Professor Dora Kostakopoulou for her painstaking reviews, guidance and mentoring. Professor Kostakopoulou in particular has been pivotal in motivating me to pursue a career in academia and instilling me with the courage to maintain my interest in what can be an unforgiving profession. I also would like to thank my family for providing me with emotional support; a particular mention to my beautiful niece whose smile always re-invigorates my impetus to work; and to those who I have often tranquilised with long and monotonous discussions on the intricacies of Israeli equality law. But special thanks are to be reserved for my wonderful parents; despite their often unusual ways of communicating their support and love, I could not have done this without them. This thesis is for Shahina and Aftab. 7 The Author The Author is an MPhil research student in the School of Law at the University of Manchester. His research interests include Public International Law, Israeli Law and Minorities, Human Rights and Critical Legal Theory. He has written several online op-eds on the subjects of the International Criminal Court and various legal issues surrounding the Israel-Palestine Conflict. 8 Table of Cases Adal Ka‟adan vs. Israel Lands Authority (2000) 54 (1) P.D. 258 Agudat Derech Eretz v. Broadcasting Authority (1981) 35 (iv) P.D. 794 Bank Hamizrahi v. Migdal Cooperative (1995) 49 (iv) P.D. 589 Batzul v. Minister of Interior (1965) 19 P.D. 337 Bergman v. Minister of Finance (1969) 23 (i) P.D. 693 Boronovski v. Chief Rabbinate (1971) 25 P.D. 7 Braun v. Prime Minister and Minister of Defence (1948) 1 P.D. 108 Calvin Case 7 1a, 77 ER 377 Collins v. Secretary of State for Work and Pensions [2006] EWCA Civ 376 Darwish v. Israel Prison Authority (1980) 35 (i) P.D. 536 Ezuz v. Ezer (1963) 17 P.D. 2541 Israel Films Studies v. Film and Play Censorship Board (1962) 16 P.D. 2407 Jiryis v. District Commissioner of Northern District (1964) 18 (iv) P.D. 673 Kaniel v. Minister of Justice (1973) 27 (i) P.D. 794 Kardosh v. Registrar of Companies (1960) 15 P.D. 1151 Khalil Calef v. Ministry of Interior (1953) 7 P.D. 308 Kol Ha'am v. Minister of Interior (1953) 7 P.D. 87 Kremer et al v. Municipality of Jerusalem et al (1971) 25 (i) P.D. 767 Liechtenstein v. Guatemala (1955) I.C.J. 4 Lifshitz-Aviram v. Law Society (1976) 31 (1) P.D. 250 Miron v. Minister of Labour (1970) 24 (i) P.D. 340 Mussa v. Ministry of Interior (1960) 16 P.D. 69 Nag‟ib Musa v. Minister of Interior (1962) 16 P.D. 2467 Re‟em Engineers Ltd. v. Municipality of Nazareth Elite (1992) 47 (v) P.D. 189 Ressler v. Chairman of Central Elections Committee (1977) 31 (ii) P.D. 556 9 Rubenstein v. Speaker of Knesset (1982) 37 (iii) P.D. 141 Rotenburg v. Deputy Head of Manpower Division (1959) 13 P.D. 469 Shaya v. Minister of Interior (1960) 45 P.D. 308 Yafora Ltd v. Broadcasting Authority (1971) 25 (ii) P.D. 741 Yeredor v. Central Elections