Irregular Migration into and Through the Occupied Palestinian Territory

Abstract

The concept of irregular migration refers, by definition, to non-citizens who happen to enter, reside and work in a third country, different from their country of origin and/or citizenship in violation of domestic law. In the light of the exceptional case of the occupied Palestinian territory, this paper challenges the concept of “irregular migration” in the absence of a clear cut division between who is a citizen/resident and who is not, and between what is legal or regular and what is not. The state of Israel is, de facto, in control of Palestinian borders and the Palestinian population registry; thus, it strictly and unilaterally decides and regulates entry to, stay in and exit from the occupied territory, for both Palestinians and foreign nationals. This paper suggests it should do so only in accordance with International Law since Israel has obligations under International Humanitarian Law and International Human Rights Law. Israeli Military Orders and policies contradict basic human rights in several respects, including the right to life, dignity and health, but also the right to move within, exit from and return to the occupied Palestinian territory. This paper insists that human rights should not be applied arbitrarily; or that, at least, they should not be selected or applied in discriminatory way, based on ethnicity, origin or religion