Vatandaşlık kavramı ve İsrail hukuku kapsamında Filistinlilerin hukuki statüsü
Özet
The purpose of this thesis is to address Israeli citizenship and the rights and obligations given under the Nationality Law 5712-1952, Entry into Israel Law 5712-1952 and The Citizenship and Entry into Israel (Temporary Provision) 5763-2003, last approved extension in June 2019, whilst also taking into account the United Nations resolutions related to the Palestinian-Israel situation. First of all, the thesis explains the legal status of Palestinians living in the Occupied Palestinian Territories and in Israel. By pursuing a historical-legal approach, this thesis will look into the transitional years' residence of Palestine experienced upon their separation from the Ottoman rule, in an attempt to understand the various statuses that were created in the subsequent periods after the establishment of the State of Israel. Afterwards, this thesis will assess the acquisition and loss of citizenship. It addresses both the Jewish and non-Jewish segments of Israel's population. In addition, this explains the differences in obtaining Israeli citizenship between the Jewish and Arab Palestinians is Israeli. Finally, the thesis reviews on the legal status of the Arab Palestinians living in Israel, Occupied Palestinian Territories, and Jerusalem, their rights and obligations toward the State of Israel. Overall, this thesis examines the Entry into Israel Law, Citizenship Law, and the Citizenship and Entry into Israel (Temporary Order) applications, by focusing on the difficulties that Palestinians face in obtaining Israeli citizenship, due to the application of religious, racial and color based laws in the state of Israel, resulting in differential treatment of Jewish and Arab populations. Akey factor leading to such discriminatory laws is because the Israeli state is defined as a Jewish state. Key Words: The Citizenship Law, The Enter into Israel Law, Legal Status, Israel, Palestine, Jerusalem, Arabs of Israel.