The Nationality and Entry Into Israel Law (Temporary Order) with Amendment 2005

The Nationality and Entry Into Israel Law was a ‘temporary’ law that was adopted by Knesset in 2003. However the Law has been amended in 2005 and 2007, and extended multiple times and is currently still in force.

The central provision of the law, article 2, requires that no resident of the Occupied Palestinian Territories shall be eligible for citizenship or a residence permit in Israel. The restrictions are expressly not applicable to residents of Israeli settlements in the OPT, which de facto entails that the law only effects Palestinians.

Notwithstanding the general rule of article 2, in a limited number of cases and for specific purposes only, the Minister of the Interior or the regional commander may grant permits at their discretion.

In 2007 this law was the subject of a petition before the Supreme Court of Israel, challenging its constitutionality. A narrow majority of 6 against 5 judges held that the law was not unconstitutional. However the dissenting judges expressed regret at the high price being paid by so many Palestinians for the protection afforded to the citizens of Israel by this Law (see the case of  MK Zahava Gal-On v. Attorney General HCJ 466/07 under Cases in this section).