Some facts about Israeli laws

The recent Amnesty report has condemned Israel for being a Jewish state and specifically, for the Law of Return.

But Israel is not unique in having a majority faith and laws that relate to this.

 The overwhelming majority of nations in the world have a national, ethnic or religious character. 

Denmark, Scotland and Bulgaria are Christian; Cambodia and Thailand are Buddhist; Bahrain, Algeria and some 28 others are Muslim. 

A few, like Iran and the Vatican are theocracies—ruled by religious authorities.   

The Law Of Return -  allows any Jew, or non-Jew with a Jewish grandparent, to apply to immigrate to Israel and receive citizenship. 

This is based on a long-standing established international principle called Jus Sanguinis, which provides a path to citizenship for people who have ethnic, cultural and historic ties with a particular country. 

For instance, in Italy, nationality may be transmitted perpetually if one can prove an Italian ancestor in their lineage after the founding of the Italian state.     

 Israel’s second law—the Nation State Law—merely enshrines into law the national flag, anthem, days of rest, holidays and symbols of state. 

It reiterates that Israel is the national homeland of the Jewish People and has a connection with the Jews of the Diaspora.   

This conceptualization of a national flag, anthem and symbols is not unique to Israel. 

An example is the United Kingdom, which is defined as a Protestant country and its flag is based on the Christian cross.    

  The third law—the Citizenship Law—was passed in 2003, at the height of the bloody Second Intifada, which saw daily terrorist attacks.

This law says that anyone who marries an Israeli citizen can receive Israeli citizenship. 

Since 1963, an estimated quarter of a million Palestinians have become Israeli citizens in this way.   

However, as many as 15% of terrorist attacks were perpetrated by Palestinians who took advantage of this law to marry Israelis and gain citizenship.   

 For these reasons, Israeli lawmakers added a provision to the Citizenship Law that prohibits the automatic right to citizenship for any national of an enemy state or entity, including Iran, Syria and the “Palestinian territories.”  

Note that every state has the right to legislate or regulate who becomes a citizen: No state—including the U.S.—is obligated to grant citizenship to those it perceives as enemies.

 Indeed, many other states have laws and policies restricting citizenship.  

 Israel’s enemies attempt to delegitimize the Jewish state by implying that it is a unique evil in the world. 

However, even a cursory knowledge of international legal and constitutional systems easily dispels this inaccurate notion.  

 In addition, Israel’s Declaration of Independence not only defines Israel as a Jewish state, but also as a democratic state based upon the principles of the separation of powers, freedom, and complete equality before the law for all its inhabitants—irrespective of religion, race, gender or nationality.   

Every nation has the right to enact laws that enshrine its specific identity—and to pass laws ensuring its survival and the safety and security of its citizens.