Nation State Law – Legalizing Apartheid
On July 19, the Israeli Knesset passed the “Jewish Nation State Law” as a Basic Law. While Israel does not have a constitution, it does have a set of “Basic Laws” which effectively serve as constitutional law.
Some claim that this new law does not change the legal landscape in Israel, stating that it merely documents conditions that have been in place since the declaration of the State of Israel in 1948. However, a careful reading and analysis of the new law shows quite a different and disturbing picture.
[For much of the info below, we credit Adalah- The Legal Center for Arab Minority Rights in Israel, and Palestine Square for its interview of Adalah General Director Hassan Jabareen.]
Completely ignores the Declaration of Independence
According to Britain’s Jewish News, “the bill completely ignores the Declaration of Independence, which stipulates that all citizens of the state must have equal rights. Even the words “Jewish and democratic” appear nowhere in the bill.”
Defines the term “Land of Israel to include all of historic Palestine
Haaretz columnist Gideon Levy says in Middle East Eye, “The nation-state law marked out the path Israel is treading, defining in words, in law, what was known already: Israel is an apartheid state, from now on not just in the occupied territories, but in the entire country between the Jordan River and the Mediterranean Sea.” It then uses the term Land of Israel when restricting rights to the “Jewish People”. The “Land of Israel” terminology provides legal cover for expansion and building of Jewish settlements in the West Bank.
Moves discriminatory practices to rule of constitutional law
The law affirms practices that have been in place since the establishment of the State of Israel in 1948, but the codification of these principles in a Basic Law, which has constitutional status, lends them greater legitimacy, and may compel the executive, judiciary and other authorities to enforce them as a legal duty, under the rule of law. If practices were previously applied for the sake of the political vision of the Zionist movement, the same will now be done in the name of the rule of law.
Enshrines Jerusalem as a Jewish city
The law reaffirms that East Jerusalem and the Syrian Golan, which are occupied under international law, are an integral part of the State of Israel. It subjects these areas to the constitutional identity of Israel as a Jewish state, exclusively for Jews. In spite of years of displacement and stripped residency status, the Palestinian population of Jerusalem still numbers over 300,000.
Right of return and self-determination exclusive to Jews
The law clearly denies the right of return of the Palestinian refugees by declaring that the right of self-determination is for Jews only. The law negates the principle of the right of self-determination of the Palestinian people in any area in Palestine.
Constitutional discrimination in land use and budget
The law stipulates that the State of Israel should consolidate, develop and support the establishment of Jewish towns and settlements. Here, the law contradicts previous court rulings, legalizing discrimination against Palestinian citizens of the state.
The law makes it possible to justify blatant discrimination in budgets between the Arab and Jewish local authorities.
The law can be used to exacerbate continuing displacement of Bedouin communities and culture in the Naqab (Negev).
“The law clearly shows how the Israeli regime is a colonial system of apartheid, in violation of the Apartheid Convention, which considers apartheid a crime against humanity.” – Adalah position paper on Jewish Nation State law.
