Thursday, February 16, 2023
Elder of Ziyon
The Knesset approved a law on Wednesday to strip convicted terrorists with Israeli nationality of their citizenship — provided they receive funding from the Palestinian Authority or an associated organization.The law, an amendment to Israel’s 1952 Citizenship Law, applies to both Israeli citizens and permanent residents incarcerated following a conviction for terror, aiding terror, harming Israeli sovereignty, inciting war, or aiding an enemy during wartime, and enables the interior minister to revoke their status after a hearing.The law enables citizenship to be revoked even if the person lacks a second citizenship, provided they have a permanent residence status outside of Israel. Once citizenship is revoked, the person would be denied entry back into Israel.
The Palestinian prime minister Muhammad Shtayyeh reacted angrily, claiming the law is "racist" and illegal:
Prime Minister Muhammad Shtayyeh said in a statement that this decision is a racist practice and a flagrant violation of international law and international humanitarian law. calling on the United Nations, the United States, and the European Union to denounce the resolution, and to put pressure on Israel to force it to cancel it .
Is it illegal to revoke citizenship of terrorists? Of course not. Western nations do it all the time. The US Department of Justice has an entire section for pursuing denaturalization for terrorists and other criminals. The UK, France and Britain have laws to strip citizenship away from terrorists, and the European Court of Human Rights has upheld their decisions.
There are two potential arguments against stripping citizenship.
One is that this law is discriminatory, since it only applies to Palestinians and not Jewish terrorists. But that is only because the only recipients of Palestinian Authority payments are Arabs - if Jews would be convicted of terrorism for the Palestinian cause, and if the PA would pay them, the law would apply to them as well. Similarly, any Israeli Arab in prison can refuse to accept payments from the Palestinian Authority and therefore be immune from being denaturalized. The fact that they accept money from those who want to see Israel destroyed is a pretty good argument that they are not good citizens.
The second argument is that stripping nationality, leaving someone stateless, is illegal altogether. There is a UN Convention on the Reduction of Statelessness written in 1961 that never received a majority of UN votes - but even many of its signatories included reservations that made it clear that they maintain the right to revoke citizenship for specific acts by citizens. For example, Austria said, "Austria declares to retain the right to deprive a person of his nationality, if such person enters, on his own free will, the military service of a foreign State."
Shtayyeh's calling denaturalization "illegal" and "racist" is especially hypocritical. Only a day beforehand, he called on Western nations to revoke the citizenship of Jews (and only Jews!) who live across the Green Line. Arabs who moved across the Green Line are, of course, not "settlers."
There would be a further irony if critics refer to the UN Convention on the Reduction of Statelessness to claim that this is illegal. Because nearly all Arab states refuse to sign that convention - if they did, they would be required to provide citizenship to children born to Palestinians there, and the Arab League says that Palestinians should remain stateless!
Once again, we see that "critics of Israel" aren't basing their critiques on international law, or morality, or really any framework that doesn't prove that they are hypocrites. The only consistency they show is antisemitism.
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