Religio-ethnic identity and the right to return: the case of the state of Israel

Rossella Bottoni

Autores/as

Rossella Bottoni Universidad de Trento (Italia)

Palabras clave:

religio-ethnic identity, right to return, Israel

Resumen

Israel was created about 70 years ago in the shadow of the Holocaust for the survival of the Jewish nation. Since 1950, the Law of Return has granted the right to come back and settle in Israel to every Jew. But Israel has also been characterized by an opposite trend of movement of people: the creation of the State of Israel and the successive wars have originated the problem of Palestinian refugees, which also raises critical, albeit different, questions with regard to the right to return, recognized by international law. This article aims to examine – in a legal perspective – these two opposite trends, by focusing on the relationship between religio-ethnic identity and the right to return.

Keywords: religio-ethnic identity; right to return; Israel.

Citas

Altschul, Mark. J. “Israel's Law of Return and the Debate of Altering, Repealing, or Maintaining Its Present Language.” University of Illinois Law Review 5 (2002): 1349.

Baker, Dwight. L. “Who is a Jew: The Dilemma of Israel.” Journal of Church and State 12 (1970): 189-190.

Bartholomeusz, Lance. “The mandate of UNRWA at sixty.” Refugee Survey Quarterly 28 (2009): 452-474.

Englard, Izhak. “Law and Religion in Israel.” American Journal of Comparative Law 35 (1987): 185-208.

Ernst, Dan. “The Meaning and Liberal Justifications of Israel's Law of Return.” Israel Law Review 42 (2009): 565-566.

Gavison, Ruth. The Law of Return at Sixty Years: History, Ideology, Justification. Jerusalem, 2010.

Ginossar, Shalev. “Who Is a Jew: A Better Law. The Law of Return (Amendment No. 2), 1970.” Israel Law Review 5 (1970): 259-263.

Haimai, Gabor. “Constitutionalism, Law and Religion in Israel a State’s Multiple Identities.” Journal of Civil & Legal Sciences 5 (2016): 1.

Lapidoth, Ruth. “The Right of Return in International Law, with Special Reference to the Palestinian Refugees.” The Progression of International Law. Four Decades of the Israel Yearbook on Human Rights – An Anniversary Volume. Leiden (2011): 25-44.

Lustick, Ian. S. “Israel as a Non-Arab State: The Political Implications of Mass Immigration of Non-Jews.” Middle East Journal 53 (1999): 417-433.

Mallison, William. Jr. “Zionist-Israel Juridical Claims to Constitute the Jewish People Nationality Entity and to Confer Membership in It: Appraisal in Public International Law.” George Washington Law Review 32 (1964): 983-1075.

Nesis, Lawrence. S. “Who Is a Jew - Shalit v. Minister of Interior et al. - The Law of Return (Amendment No. 2), 1970.” Manitoba Law Journal 4 (1970): 58.

Richmond, Nancy Caren. “Israel's Law of Return: Analysis of Its Evolution and Present Application.” Dickinson Journal of International Law 12 (1993): 95-98.

Rubinstein, Amnon. “Law and Religion in Israel.” Israel Law Review 2 (1967): 380-414.

Semyonov, Moshe, and Gorodzeisky, Anastasia. “Israel: An Immigrant Society.” International Perspectives: Integration and Inclusion. Montreal (2012): 1-17.

Toren, Nina. “Return Migration to Israel.” International Migration Review 12 (1978): 39-54.

Zell, Marc, and Shnyder, Sonia. “Palestinian Right of Return or Strategic Weapon: A Historical, Legal and Moral-Political Analysis.” Nexus 8 (2003): 77-136.

Zilbershats, Yaffa, and Goren Amitai, Nimra. Return of Palestinian Refugees to the State of Israel. Jerusalem, 2011.