Institut universitaire des hautes études internationales

The international law foundations of Palestinian nationality : a legal examination of Palestinian nationality under the British rule

Qafisheh, Mu'taz ; Gowlland, Vera (Dir.)

Thèse de doctorat : Université de Genève, 2007 ; HEI 745.

By the end of the British rule in Palestine on 14 May 1948, Palestinian nationality had become well-established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since that date. Hence, any legal consideration relating to the future status... Plus

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    Summary
    By the end of the British rule in Palestine on 14 May 1948, Palestinian nationality had become well-established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since that date. Hence, any legal consideration relating to the future status of the individuals who once held Palestinian nationality should commence from the point upon which the British rule over Palestine had been terminated. This thesis provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years that followed the end of the British mandate: Israel citizens, inhabitants of the occupied territory, and Palestinian refugees. In conclusion, nationality as regulated by Britain in Palestine represents an international status that cannot be legally altered except in accordance with international law.