Summary
Legal scholar whose work on the international-law foundations of Palestinian nationality is the principal scholarly source for Chapter 8 of Rethinking Statehood in Palestine, and who drafted the PLO’s January 2012 draft Palestinian citizenship law (Rethinking Statehood in Palestine, PDF p.230-243, notes 5, 109-111).
Details
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His The International Law Foundations of Palestinian Nationality: A Legal Examination of Nationality under Britain’s Rule (Brill-Nijhoff, 2008), his Genesis of Citizenship in Palestine and Israel (2010) and his Palestine Membership in the United Nations (2013) are cited throughout Chapter 8’s notes for the Ottoman nationality law, the 1920 passports regulations, the Treaty of Lausanne settlement of August 6, 1924 and the 1925 Citizenship Order (PDF p.230-232, notes 5, 15-17, 23-26).
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Chapter 8’s conclusion quotes his Who Has the Right to Become a Palestinian Citizen? An International Law Analysis (2017) for the categories a Palestinian nationality law must cover within a West Bank, Gaza and East Jerusalem state (PDF p.229, n.118).
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The 2012 draft law he drafted for the PLO Negotiation Affairs Department was unpublished and never tabled; its basic rule grounds Palestinian citizenship in entitlement as of August 6, 1924 under Lausanne, covering West Bank and Gaza inhabitants, Mandate Palestine refugees and Israeli inhabitants (PDF p.227, p.239-240, notes 110-111).
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In Banko, Qafisheh’s The International Law Foundations of Palestinian Nationality (Leiden: Martinus Nijhoff, 2008) is cited throughout the Notes to Chapter 2 for the 1925 Order and Palestinian nationality (for example pp. 75, 95-97, and on passports pp. 147-149), and Banko follows his argument that high commissioners’ discretion over proof of a definitive, unbroken personal connection, together with wartime restrictions after 1939, helps explain why fewer than 500 native Palestinian Arabs abroad returned and acquired citizenship from 1925 to 1946 (The Invention of Palestinian Citizenship, 1918–1947, PDF p.218 / printed p.207, PDF p.237 / printed p.226).
Related pages
Rethinking Statehood in Palestine, Susan M. Akram, Palestinian nationality, Treaty of Lausanne, Right of Return