Palestine : the legal dimension of migration

Abstract

This paper tackles the issue of migration in the oPt, from a legal perspective. The manner in which Israel regulated the “residency” status, the registration of newly-born children, family unification, permanent permits and visas for foreign nationals will be presented first. The paper shows that military orders forbade the return of some Palestinians, converted other into aliens in their own country, while those married to Palestinians and their children were pushed into irregularity. The presentation of such measures does not entail historic events, but refers to powers that are still enjoyed by Israel, as an occupation power. This paper stresses the need for Israel to abide by international law, as expressed in customary international law, ratified treaties composing international humanitarian law (hereafter IHL) and international human rights law (hereafter IHRL), and UN resolutions.