Cancellation of the Residency Rights for Palestinian Jerusalemites in Light of International Law Provisions رسالة ماجستير

Abstract

The study aimed to explore the revocation of the residency rights of Palestinian Jerusalemites in light of the provisions of international law, and to shed light on the historical and legal realities of the city of Jerusalem. It also sought to closely examine the forms and dimensions of Israeli policies aimed at emptying the holy city of its indigenous population, as well as to analyze the internal legislation and laws enacted by the Israeli occupation authorities and the motives behind their implementation on Palestinian residents of Jerusalem. Additionally, the study reviewed international treaties and legal texts that affirm the right of individuals to reside in their homeland. The study was structured around a preliminary chapter and five main chapters. The preliminary chapter addressed the spatial, demographic, historical, and legal dimensions of the city of Jerusalem, in addition to the identity of the Palestinian Jerusalemite resident. Chapter One discussed the legal status of Palestinian residents in Jerusalem. Chapter Two examined the status of the city in light of international law, including relevant resolutions of the UN Security Council and the General Assembly. Chapter Three focused on Israeli policies—geographical, demographic, and Judaization policies—aimed at undermining the legal status of Jerusalem. Chapter Four centered on Israeli policies and measures intended to revoke the residency rights of Palestinian Jerusalemites and their consequences. Chapter Five explored the mechanisms for implementing international law related to Jerusalem, the legal value of resolutions issued by the UN General Assembly and Security Council, and the international legal framework concerning the revocation of residency rights. The study adopted the descriptive analytical method, along with the legal inductive approach, through a review of Israeli laws and legislations, as well as international legal texts related to the revocation of residency rights for Jerusalemites. The study concluded that the Jerusalemite community, in all its segments, suffers from the repressive and displacement-oriented policies of the Israeli occupation, which directly impact the right to residency and the recognition of one’s center of life, especially for families who relocated to Jerusalem's suburbs after the construction of the separation wall. The findings showed that Israeli authorities treat Palestinians as permanent residents rather than citizens, which renders their residency vulnerable to revocation under the Entry into Israel Law of 1952—an explicit violation of international humanitarian law, particularly the Fourth Geneva Convention. The study also highlighted the ongoing practices of ID revocations and the denial of child registration in family identity documents, all in the absence of international oversight. It recommended launching intensive legal media campaigns to confront these policies, enhancing legal and human V rights efforts at the international level to hold Israel accountable, ensuring the rights of Jerusalemites, and conducting further research on the implications of residency revocation for the Jerusalemite population