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Status of Palestinian Arabs
[edit]Following its victory in the 1948 Arab–Israeli War, Israel controlled the majority of former Mandatory Palestine, including much of the land that was assigned for an Arab state under the United Nations Partition Plan for Palestine. The West Bank was annexed by Jordan while the Gaza Strip was administered by Egypt. The UNRWA estimated that 720,000 Palestinian Arabs were displaced during the war,[1] with only 170,000 remaining in Israel following its establishment.[2] Despite international support for the return of displaced Palestinians after conclusion of the war, the Israeli government was reluctant to allow an openly hostile population into its borders and barred them from returning. This decision was justified by continued Arab incursions into Israeli territory along with official rhetoric from neighboring Arab states that expressed their desire to eliminate the Jewish state.
Jewish residents at the time of Israel's establishment were granted Israeli citizenship on the basis of return, but non-Jewish Palestinians were subject to strict residency requirements for claiming that status. They could only acquire citizenship on the basis of their residence in 1952 if they were nationals of the British mandate before 1948, had registered as Israeli residents since February 1949 and remained registered, and had not left the country before claiming citizenship.[3] These requirements were intended to systemically exclude Arabs from participation in the new state.[1] About 90 percent of the Arab population that remained in Israel were barred from citizenship under the residence requirements and held no nationality.[2]
Palestinians who managed to return to their homes in Israel after the war did not satisfy the conditions for citizenship under the 1952 law. This class of residents continued living in Israel but held no citizenship or residence status. A 1960 Supreme Court ruling partially addressed this by allowing a looser interpretation of the residential requirements; individuals who had permission to temporarily leave Israel during or shortly after the conflict qualified for citizenship, despite their gap in residence. The Knesset amended the Citizenship Law in 1980 to fully resolve statelessness for this group of residents; all Arab residents who had been living in Israel before 1948 were granted citizenship regardless of their eligibility under the 1952 residence requirements, along with their children.[4]
Palestinians who fled to neighboring countries were not granted citizenship there and remained stateless, except those who resettled in Jordan (which included the West Bank during this period). West Bank Palestinians held Jordanian nationality until 1988, when Jordan renounced its sovereignty claim over the area and unilaterally severed all links to the region. Palestinians living in the West Bank lost Jordanian nationality while those residing in the rest of Jordan maintained that status.[5]
https://www.japaneselawtranslation.go.jp/en/laws/view/3784/en
Jammu and Kashmir was a princely state that declined to join both India and Pakistan at the time of partition in 1947. Disputes over its eventual fate and border conflicts led to the Indo-Pakistani War of 1947 and the state's subsequent accession to India. Indian citizenship was extended to state subjects in 1956. The new state's legislature was empowered with autonomy in self-governance except in foreign affairs, defence, and communications. Article 35A of the Constitution further gave it the ability to define who would hold permanent residence in the region and any rights associated with it. This arrangement ceased in 2019, when the Indian Parliament repealed Article 35A and revoked local autonomy.
https://harvardlawreview.org/2021/05/from-domicile-to-dominion-indias-settler-colonial-agenda-in-kashmir/ https://www.jstor.org/stable/43949608?seq=1#metadata_info_tab_contents
Acquisition and loss of nationality
[edit]Any person born to at least one parent who is a South African citizen automatically receives citizenship at birth, regardless of their place of birth. Children born in South Africa to non-citizens who were legally admitted into the country, and whose births are registered with the government, are eligible to become citizens when they reach age 18 if they have resided in South Africa since birth. Stateless individuals born in the country who are not eligible for any other citizenship are not subject to the waiting period until the age of majority, and immediately become South African citizens after their births are registered.
The Ukrainian People's Republic (UPR) was declared as an autonomous part of the Russian Republic in 1917 following the collapse of the monarchy during the February Revolution. This government declared its independence from Russia in 1918 as Bolshevik forces gained the upper hand in the Russian Civil War. Citizenship provisions were enacted in March 1918 that made any person who was born in Ukraine a UPR citizen. Individuals who were permanently resident in the country and who received a citizenship certificate also became UPR citizens. Foreigners who had been domiciled in Ukraine for at least three years and had never conducted a hostile action against the state could apply for admission as a UPR citizen. Married women generally followed the nationality status of their husbands, and children inherited citizenship from their fathers.[6]
Acquisition and loss of nationality
[edit]Entitlement by birth, descent, or adoption
[edit]Nearly all individuals born in the United States receive U.S. nationality by birth, except for children born to foreign diplomats accredited to the U.S. government. While people born in almost any part of the U.S. have American citizenship by birth, those born in American Samoa are typically non-citizen U.S. nationals at birth.[7] Nationality by birth in the United States is granted regardless of the nationalities or immigration statuses of either parent, reflecting the absolute constitutional entitlement provided by the Fourteenth Amendment to the United States Constitution.[8][9][7]
https://cadmus.eui.eu/handle/1814/19641 https://books.openedition.org/ceup/1739?lang=en http://www.irbis-nbuv.gov.ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LINK&P21DBN=UJRN&Z21ID=&S21REF=10&S21CNR=20&S21STN=1&S21FMT=ASP_meta&C21COM=S&2_S21P03=FILA=&2_S21STR=luk_2013_1_20 https://heinonline.org/HOL/LandingPage?handle=hein.journals/lwukrn2013&div=19 https://heinonline-org.wikipedialibrary.idm.oclc.org/HOL/Page?collection=journals&handle=hein.journals/lwukrn2013&id=267&men_tab=srchresults#
- ^ a b Davis 1995, p. 23.
- ^ a b Davis 1995, pp. 26–27.
- ^ Harpaz & Herzog 2018, pp. 4–5.
- ^ Shachar 1999, pp. 250–251.
- ^ Masri 2015, p. 375.
- ^ Rumiantsev & Strakhov 2013, pp. 269–270.
- ^ a b Spiro 2015, p. 10.
- ^ Rutherglen 2013, p. 22.
- ^ Rodríguez 2009, p. 1366.