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Nationality Law, 5712-1952

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aliasesNationality Law, Nationality Law 5712 (1952), Citizenship Law 1952

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Summary

Israel’s Nationality Law, 5712-1952, passed by the Knesset on 1 April 1952 and in force from 14 July 1952: section 1 makes nationality acquirable only under this Law, by return, residence, birth or naturalisation; section 2 makes every oleh under the Law of Return an Israel national, with effect dates reaching back to the establishment of the State, except a person who had ceased to be an inhabitant before the Law came into force and except an adult foreign national, and a minor included in his declaration, who declares he does not desire nationality; section 3 gives nationality by residence only to a former Palestinian citizen who was registered as an inhabitant on 1 March 1952, is an inhabitant on the Law’s commencement day, and was in Israel or territory that became Israel, or entered legally, throughout the period from the establishment of the State; sections 5 to 9 set a discretionary naturalisation route requiring three years in five, permanent-residence entitlement, settlement, some Hebrew and renunciation, with exemptions for military service and for former Palestinian citizens from the Hebrew condition alone; Part Two provides renunciation and court revocation of naturalisation, section 14 preserves dual nationality save for naturalisation, and section 18 repeals the Palestinian Citizenship Orders, 1925-1942 with effect from the establishment of the State and reads every legal reference to Palestinian citizenship as a reference to Israel nationality (Nationality Law, 5712-1952, PDF p.1-6).

What the file is

The English text of the Law in one 6-page file, about 1,981 words in the text copy: sections 1-19 on PDF p.1-5, signatories and the passage footnote on PDF p.5, and the translator’s note, footnotes (1)-(3) and closing source matter on PDF p.6. The closing matter identifies the source as Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 6, Government Printer, Jerusalem, p. 50-3, (C) Israel Law Resource Center, February, 2007, and lists amendments dated (3.3.58) (8.7.68) (5.17.71) whose texts are not in the file, so the file does not show whether the sections it prints are the 1952 text as passed or as later amended. The text copy was checked against the original at PDF p.1, 5 and 6; the original reads the same, including the printed slips recorded in Section by section and Open questions. No Hebrew text, table or figure appears in the file.

Section by section

  • Section 1, Preliminary (PDF p.1). Israel nationality is acquired by return (section 2), by residence in Israel (section 3), by birth (section 4) or by naturalisation (sections 5 to 9). “There shall be no Israel nationality save under this Law.”
  • Section 2, Nationality by Return (PDF p.1). Every oleh under the Law of Return, 5710-1950 becomes an Israel national. Effect: for a person who came as an oleh into, or was born in, the country before the establishment of the State, from the establishment day; for a person who came as an oleh after, from the day of his aliyah; for a person born in Israel after the establishment, from birth; for a person who received an oleh’s certificate under section 3 of the Law of Return, from the certificate’s issue. The section does not apply to a person having ceased to be an inhabitant of Israel before this Law came into force, to an adult who immediately before his aliyah or certificate is a foreign national and declares on or before that day that he does not desire to become an Israel national, or to a minor included in his parents’ such declaration.
  • Section 3, Nationality by Residence in Israel (PDF p.1-2). A person who immediately before the establishment of the State was a Palestinian citizen and does not become a national under section 2 becomes a national with effect from the establishment day if he was registered on 1 March 1952 as an inhabitant under the Registration of Inhabitants Ordinance, 5709-1949, is an inhabitant of Israel on the coming-into-force day, and was in Israel, or in an area which became Israel territory after the establishment, from the establishment day to that day, or entered Israel legally in that period. Printed “a Israel national”, as printed. A person born after the establishment who is an inhabitant on that day and whose father or mother becomes a national under this subsection becomes a national from his birth.
  • Section 4, Nationality by Birth (PDF p.2). A person born while his father or mother is an Israel national is a national from birth; where he is born after his father’s death, it is sufficient that his father was a national at his death.
  • Section 5, Naturalisation (PDF p.2). An adult non-national may obtain nationality by naturalisation if he is in Israel, has been in Israel for three years out of the five years “proceeding” the application day (as printed), is entitled to reside permanently, has settled or intends to settle, has some knowledge of Hebrew, and has renounced his prior nationality or proved he will cease to be a foreign national on becoming a national. If he meets the requirements the Minister of the Interior, if he thinks fit, shall grant nationality by a certificate of naturalisation. Before the grant the applicant declares: “I declare that I will be a loyal national of the State of Israel.” Nationality is acquired on the declaration day.
  • Section 6, Exemption from conditions of naturalisation (PDF p.2-3). A person who served in the regular service of the Defence Army of Israel, or after 29 November 1947 in another service declared by the Minister of Defence to be military service, and was duly discharged, and a person who lost a son or daughter in such service, are exempt from section 5(a) except settlement (5(a)(4)). A person applying after a section 2(c)(2) declaration is exempt from 5(a)(2). A person who immediately before the establishment was a Palestinian citizen is exempt from 5(a)(5), the Hebrew condition, and from no other condition by this subsection. The Minister of the Interior may exempt an applicant from all or any of 5(a)(1), (2), (5) and (6) for a special reason.
  • Section 7, Naturalisation of husband and wife (PDF p.3). The spouse of an Israel national, or of an applicant who meets or is exempt from section 5(a), may obtain nationality by naturalisation even if a minor or not meeting section 5(a).
  • Section 8, Naturalisation — minors (PDF p.3). Naturalisation also confers nationality on the naturalised person’s minor children.
  • Section 9, Grant of Nationality to Minors (PDF p.3). Where a minor non-national is an inhabitant of Israel and his parents are not in Israel or have died or are unknown, the Minister of the Interior, on such conditions and from such day as he thinks fit, may grant him nationality by a certificate of naturalisation, on the application of a parent or, if they have died or are unable to apply, of the guardian or person in charge. Printed “nationaiity” and “as be may think fit”, as printed.
  • Section 10, Renunciation of Nationality (PDF p.3). An adult national who is not an inhabitant of Israel may declare he desires to renounce; renunciation needs the Minister of the Interior’s consent, and nationality terminates on the day the Minister fixes. A non-inhabitant minor’s nationality terminates on his parents’ renunciation, but not while one parent remains a national.
  • Section 11, Revocation of Naturalisation (PDF p.4). A District Court may, on the Minister of the Interior’s application, revoke a naturalisation acquired on false particulars, or where the naturalised person has been abroad seven consecutive years with no effective connection with Israel and has failed to prove the connection was severed otherwise than by his own volition, or has committed an act of disloyalty towards the State of Israel. The Court may extend revocation to children who acquired nationality by virtue of his naturalisation and are inhabitants of a foreign country. Nationality terminates when the judgment ceases to be appealable or on a later day the Court fixes.
  • Section 12, Saving of Liability (PDF p.4). Loss of nationality does not relieve from a liability arising out of the nationality and created before its loss.
  • Section 13, Interpretation (PDF p.4). “of full age” means eighteen years or over; “minor” means under eighteen; “child” includes an adopted child and “parents” includes adoptive parents; “foreign nationality” includes foreign citizenship and “foreign national” includes a foreign citizen, but does not include a Palestinian citizen.
  • Section 14, Dual nationality and dual residence (PDF p.4). Save for naturalisation, acquisition is not conditional on renunciation of a prior nationality. A dual national is, for Israel law, considered an Israel national. An inhabitant residing abroad is considered an inhabitant of Israel so long as he has not settled abroad.
  • Section 15, Evidence of Nationality (PDF p.4-5). A national may obtain from the Minister of the Interior a certificate attesting his nationality.
  • Section 16, Offence (PDF p.5). Knowingly giving false particulars on a matter affecting acquisition or loss of nationality is liable to imprisonment not exceeding six months or a fine not exceeding five hundred pounds, or both.
  • Section 17, Implementation and regulations (PDF p.5). The Minister of the Interior is charged with implementation and may make regulations, including fees and exemption from them; the Minister of Justice may make regulations on District Court proceedings, including appeals.
  • Section 18, Repeal, adaptation of laws and validation (PDF p.5). The Palestinian Citizenship Orders, 1925-1942 are repealed with effect from the establishment day; any reference in any law to Palestinian citizenship or Palestinian citizens shall henceforth be read as a reference to Israel nationality or Israel nationals; acts done between the establishment and this Law’s coming into force are deemed valid if they would have been valid had this Law been in force.
  • Section 19, Commencement (PDF p.5). The Law comes into force on 21st Tammuz, 5712, printed “(14tb July, 1952)” — “14tb” as printed; before that day the Minister of the Interior may make regulations on section 2(c)(2) declarations.
  • Signatories and passage footnote (PDF p.5). Signed by Moshe Sharett, Minister of Foreign Affairs, Moshe Shapira, Minister of the Interior, and Yosef Sprinzak, Chairman of the Knesset, Acting President of the State. Passed by the Knesset on 6th Nisan, 5712, printed “(Ist April, 1952)” — “Ist” as printed — and published in Sefer Ha-Chukkim No. 95 of 13th Nisan, 5712 (8th April, 1952), p. 146; the Bill was published in Hatza’ot Chok No. 93 of 22nd Cheshvan, 5712 (21st November, 1951), p. 22.
  • Translator’s note and footnotes (PDF p.6). “‘oleh and ‘aliyah mean respectively a Jew immigrating, and the immigration of a Jew, into the Land of Israel.” Footnote (1) cites the Law of Return as Sefer Ha-Chukkim No. 51 of 21st Tammuz, 5710 “(6th July, 1950)”, p. 159 — 6th July in this file, where the Law of Return file itself gives 5th July, 1950. Footnote (2) cites the Registration of Inhabitants Ordinance in I.R. No. 48 of 5th Shevat, 5709 (4th February, 1949); footnote (3) cites Palestine Gazette No. 1210 of 16th July, 1942.

Key passages

  • “There shall be no Israel nationality save under this Law” (section 1, PDF p.1)
  • “Every ‘oleh** under the Law of Return, 5710-1950(1), shall become an Israel national” (section 2(a), PDF p.1)
  • “he was registered on the 4th Adar, 5712 (1st March 1952) as an” (section 3(a)(1), PDF p.1, completed on PDF p.2)
  • “I declare that I will be a loyal national of the State of Israel” (section 5(c), PDF p.2)
  • “The Palestinian Citizenship Orders, 1925-1942(3), are repealed with effect from the day of the establishment of the State” (section 18(a), PDF p.5)

Evidence the work relies on

A statute, not an evidentiary work. Its internal authorities are the enactments it incorporates or repeals: the Law of Return, 5710-1950 (cited in sections 2 and in footnote (1)), the Registration of Inhabitants Ordinance, 5709-1949 (section 3 and footnote (2)), and the Palestinian Citizenship Orders, 1925-1942 (section 18 and footnote (3)). Its passage footnote also cites its Bill in Hatza’ot Chok No. 93 of 5712, which is not reproduced in the file.

Analysis

The file gives the Law by its own structure. Part One is asymmetrical on its face: nationality by return under section 2 is automatic for an oleh, subject only to the ceased-to-be-an-inhabitant bar and to an adult’s own opt-out declaration, with retroactive effect to the establishment of the State or to aliyah, birth or certification; nationality by residence under section 3 is conditional on three cumulative facts, registration on a single named date (1 March 1952), inhabitancy on the commencement day, and continuous presence in Israel or territory that became Israel, or legal entry, since the establishment; nationality by birth under section 4 runs only from a parent who is already a national; and naturalisation under section 5 is discretionary even when all six conditions are met (“if he thinks fit”), with section 6 exempting former Palestinian citizens from the Hebrew condition alone. Part Two then makes loss asymmetric in the same direction: renunciation is provided for non-inhabitants, and revocation by a District Court is provided only for naturalised persons, including for seven years abroad without an effective connection and for an act of disloyalty. Section 18 is the succession provision: the Palestinian Citizenship Orders are repealed retroactively to the establishment day, and the words Palestinian citizenship in any law are to be read as Israel nationality. The file contains no statement of purpose, no debate and no commentary; what earlier sources say the Law did is recorded on Citizenship Law (1952).

People, organizations, places and events

Citizenship Law (1952), Law of Return, Knesset, Israel, Moshe Sharett, Palestine Citizenship Order-in-Council 1925

Concepts

Aliyah, Right of Return, Palestinian nationality

How it relates to other sources

This is the primary text of the law earlier sources discuss as the Citizenship Law or the Nationality Law, not previously held as a source in the wiki. It confirms the accounts on Citizenship Law (1952) in their central mechanics and supplies the full text behind them: the 1978 United Nations study’s summary of the return, residence, birth and naturalisation routes matches sections 2-5 here, including the 1 March 1952 registration date and the three-years-in-five, Hebrew and renunciation conditions for naturalisation (The Right of Return of the Palestinian People, PDF p.27-28). Rethinking Statehood in Palestine gives the law as passed July 14, 1952 and calls its official English name “Nationality Law” an erroneous translation of a law that is in reality a citizenship law (PDF p.219-222); this file’s own dates separate the two events Farsakh’s date joins — passage on 1 April 1952 (PDF p.5) and commencement on 14 July 1952 (section 19, PDF p.5) — and the naming disagreement is held on Citizenship Law (1952), not resolved. Farsakh’s “Loss of Nationality” description of the repeal of Palestinian citizenship corresponds in this text to section 18(a)‘s repeal of the Palestinian Citizenship Orders, 1925-1942 with effect from the establishment day; the file contains no section headed Loss of Nationality beyond Part Two’s sections 10-12. Stateless Citizenship (2013) describes automatic citizenship on immigration under the Law of Return with no residency, economic or language requirement (PDF p.78, p.82); section 2 here is that provision, and its contrast inside the same file is section 5’s naturalisation conditions. The Law of Return file’s 1970 section 4A extends an oleh’s rights under the Nationality Law, 5712-1952 to family members (Law of Return 5710-1950, PDF p.2-3); this file is that law.

Open questions

  • The closing matter lists amendments dated (3.3.58) (8.7.68) (5.17.71) without their texts, and the file does not mark amended sections, so which wording in this copy is the 1952 text as passed and which is as amended is outside this file.
  • Earlier sources give 14 July 1952 as the law’s passage date; this file gives passage on 1 April 1952 and commencement on 14 July 1952. Both are recorded; the file itself is the primary text for its own dates.
  • Footnote (1) in this file dates the Law of Return’s Sefer Ha-Chukkim issue to 6th July, 1950, where the Law of Return file gives its passage and publication as 5th July, 1950; both are recorded as printed.
  • The printed slips “a Israel national” (section 3), “proceeding” for the five-year period (section 5(a)(2)), “nationaiity” and “as be may think fit” (section 9), “14tb July” (section 19) and “Ist April” (passage footnote) are recorded as printed, each checked against the original; whether they stand in the Hebrew original or only in this translation is outside this file.
  • Section 3(b) gives a child nationality from birth where a parent becomes a national under section 3(a), whose own effect date is the establishment day; how that interacts for a child born before the Law came into force is not addressed in the file.

Coverage

PDF p.1-6 of 6, read in full.

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