My thoughts on the rise of antisemitism, amending the the Israeli Law of Return, the Diaspora and UNGA Resolution 194(11) :
First, “Anti-Semitism has become mainstream – from the halls of Congress to the leader of the opposition in Britain,” Ya’acov Berman, Chabad Activist, NY.
In order to counter “antisemitism” and the [Palestinian] Arab’s claim for a right of return based on UNGA Resolution 194 (11); the State of Israel should amend the Law of Return and collectively naturalize (viz “PATRIATE”) all Jews of the Diaspora (e.g. Orthodox, Conservative and Reform) under the Law of Return – In this way, all Jews would be provided Israeli Consular Services and “enhanced protection services” at Synagogues and Jewish Community Centers would be ensured and Jews would outnumber, that is, hold a demographic majority over the Arabs even if all Arabs of Palestinian extraction were absorbed by M’dinat Yisrael (the State of Israel)!
Second, UNGA Resolution 194(11) is premised on two conditions: the “return of Palestinians to Eretz Yisrael at the earliest practicable date, & on those wishing to live at peace with their neighbor” – Given the rise in antisemitism in the Arab world it does not appear that the Palestinians wish to live at peace with their Jewish neighbor.
The earliest practicable date at which the Palestinians could have “returned to Eretz Yisrael” is any time before they were “collectively naturalized” by King Abdullah I which is December 13, 1949. See my argument below for why they chose their status in international law; whether or not that decision was a good one or a bad one is not my concern. The Palestinian’s case is one against the Hashemites, not the State of Israel.
According to wikipedia – the total number of people who hold or are eligible for Israeli citizenship under the Law of Return — defined as anyone with at least one Jewish grandparent, and who does not profess any other religion — is estimated at around 23 million, of which 6.6 million were living in Israel as of 2015. Figures for these expanded categories are less precise than for the core Jewish population.
Based on these 2015 figures, there are an estimated 17 million Jews in the Diaspora who are eligible for Israeli citizenship under the Law of Return. This number may not include the number of converts to Judaism or those Anusim (descendants of Jews forced to convert to a non-Jewish religion) who might be eligible under the Law of Return.
King Abdullah I of Jordan collectively naturalized all Arabs of Palestinian extraction.
The subject of collective naturalization is discussed at length in Boyd v. Thayer, 143 U. S. 135, (1892) and many cases cited and illustrations given.
Collective Naturalization can occur by legislation or by treaty.
In the case of Jordan –
On December 13, 1949, King Abdullah of Jordan passed a law amending the Law of Nationality of 1928. Accordingly, Jordanian citizenship was granted to all persons who were holding Palestinian citizenship and were habitually residing in Transjordan or in the “western area that [was] administered by the Hashemite Kingdom of Jordan” (i.e., Jerusalem and the West Bank). (Of note is that this law excluded Jews from possessing Jordanian citizenship! But of course the Jews were ethnically cleansed from Jordan and Judea and Samaria by the Hashemites in violation of Article 15 of the Mandate for Palestine and the Anglo-American Treaty of 1924 –
Talk about APARTHEID….)
(On the matter of why the Hashemite Kingdom of Jordan was established in violation of Articles 5, 15, and 25 I can make a clear argument on each point but that is not the purpose of this – Article 15 states, “No person shall be excluded from Palestine on the sole ground of his religious belief.” The ethnic cleansing of Jews from “Palestine” was an official act of antisemitism. No different than that of the ethnic cleansing of the rest of the Jews of the “Middle East Diaspora”…! The Anglo-American Treaty of 1924 while it replicated the Mandate for Palestine, and has expired; the right guaranteed under it to the Jewish People [see Article 80 of the UN Charter] do not expire. This is particularly true since that Treaty became the Supreme Law of the Land (USA) under our Constitutional law system, [enshrining the Mandate for Palestine and the Balfour Declaration into the official PUBLIC policy of the USA] see Howard Grief’s Book: The Legal Foundation and Borders of Israel under International Law (9789657344521).)
On April 11, 1950, parliamentary elections took place in Jordan, covering both the East Bank and the West Bank, including East Jerusalem. Following these elections, the Jordanian House of Commons approved the amended law and parliament’s decision concerning the “unification of the two Banks.” Thus, Palestinians who were living in East Jerusalem and the West Bank became Jordanian citizens [by collective naturalization].
The recent de-naturalization of Jordanian citizens of “Palestinian Extraction” by King Hussein and by King Abdullah II has been found to violate the Jordanian Nationality Law. See HRW Report “Stateless Again” – The act of “disengagement” from Judea and Samaria by the Hashemites and declaring those Arabs of Palestinian Extraction (who have been de-naturalized) as Palestinian Citizens can not confer “Palestinian citizenship” on them as Palestine is not a state under the criteria of “Statehood” and must be viewed as a political stratagem designed to demographically destroy the State of Israel! (See Joel Gilbert’s documentary, “Farewell Israel” – Bush, Iran and the Revolt of Islam.) His attempt to cede Judea and Samaria in 1988 to the PLO is null and void as he renounced all claims to “the West Bank” and “what was not his to begin with was not within his power to cede!”
King Hussein explained his decision as one of deference to Palestinian wishes for national autonomy.
This statement flies in the face of the Jericho Conference of December 1948 led by Sheik Muhammad Ali Ja’abari, Mayor of Hebron and the April 1950 Parliamentary Elections wherein the Arabs of Palestinian Extraction exercised political independence and elected King Abdullah as their Sovereign!
Thus, the Palestinians acquired national autonomy when their duly elected representatives voted at the Jericho Conference in December 1948. Within a year all “non-Jewish Palestinians” were all “collectively naturalized” with the consent of the people through their elected Monarch, Abdullah I.
Just because the Hashemites have suspended the rights of the Arabs in the Lower House of Deputies and de-naturalized them should not place the onus on the State of Israel to accommodate them with a “right of return” under UNGA Res. 194(11) as they have exercised “self-determinism” under the Jericho Conference and the April 1950 Parliamentary Elections.
The US Dept. of State 1950 Report states the Jericho Conference determined the political status of the Arabs of “Central” Palestine “which took place as a result of a free expression of the will of the people.” Foreign relations of the United States, 1950. The Near East, South Asia, and Africa Volume V, Page 1096
How many times do the “Palestinians” get to decide their political status? It is evident that they chose their status (as monarchists) and are barred by the doctrine of estoppel in pais from asserting a claim of the “right of return” (to wit, a claim of Palestinian Citizenship) based on inconsistent “political” positions.
Anyways, these are my thoughts on the subject of Collective Naturalization.
Be well, blessed and a success,
Yochanan Ezra ben Avraham