BLR  Vol.2 No.1 , March 2011
I Believe: Israeli Arabs – Lost in a Sea of Identities
Abstract: This paper aims at making the dream of peace real in the Middle East, concerning the constant conflict over “the holy land,” thus building up a conceptual apparatus of checks and balances. For this hope to be fulfilled, a second thought regarding the internal legal-social problems of the state of Israel ought to be considered. Hypocrisy has led us to believe that political and social problems are unsolvable because of their nature as political and social as such. Legal philosophy distinguishes between two theories of law, one expresses the idea of laws enacted by an authoritative body, and the other refers to the good and just law which is binding because it is good and just. The establishment of the state of Israel in 1948 led to the division of Mandatory Palestine, where many Arab families were expelled and others were deported, many fled and others decided to leave whether because of the coercive circumstances or by free will. Those who remained within the new established state called “Israel” have become Israeli citizens, and they constitute nowadays 20% of the Israeli population. And it is with their multiple identities that I concern.
Cite this paper: nullM. Saif-Alden Wattad, "I Believe: Israeli Arabs – Lost in a Sea of Identities," Beijing Law Review, Vol. 2 No. 1, 2011, pp. 1-7. doi: 10.4236/blr.2011.21001.

[1]   W. Kymlicka, Multicultural Citizenship, Clarendon Press, South Carolina, 1995.

[2]   “Being an Israeli Arab,” Chaired by Prof. E. Adle, Munk Centre for International Studies at Trinity College, Toronto, March, 2007.

[3]   “The Future of the Peace Process in the Middle East,” Interviewed by: E. Beck from “Yedioth Ahronoth,” The Israeli Embassy, Berlin, Germany, July 21, 2008.

[4]   “Al-Maedah, 21,” Koran.

[5]   “Zechariah, 2:12,” Bible.

[6]   M. S. A. Wattad, “The Meaning of Guilt: Rethinking Apprendi,” New England Journal on Criminal & Civil Confinement, Vol. 33, No. 2, 2007, pp. 501, 518-519.

[7]   New England Journal on Criminal & Civil Confinement, No. 501, 2007, pp. 518-519.

[8]   G. P. Fletcher, “Basic Concepts of Legal Thought,” Oxford University Press, Oxford, 1996, pp. 11-42.

[9]   L. E. Weinrib, “The Supreme Court of Canada in the Age of Rights: Constitutional Democracy, the Rule of Law and Fundamental Rights under Canada’s Constitution,” Canadian Bar Review, Vol. 80, 2002, p. 699.

[10]   A. Barak, “The Judge in a Democracy,” Princeton University Press, Princeton & Oxford, 2006, pp. 57-58.

[11]   H. M. Sachar, “A History of Israel from the Rise of Zionism to Our Time,” Alfred A. Knopf, New York, 2002, pp. 615-739.

[12]   B. Kimmerling and J. Migdal, “The Palestinian People: A History,” Harvard University Press, Cambridge & London, 2003, pp. 240-273.

[13]   The Israeli Basic-Law: Human Dignity and Liberty, Article 1A.

[14]   The Declaration of the Establishment of the State of Israel, 14 May, 1948.

[15]   Morcos v. The Minist of Defense et al., High Court of Justice, 168/91, 48(1) P.D. 467 (decided on 14/1/91).

[16]   The Israeli Right to Return Act of 1950 [Hok Ha-Shvot (in Hewbrew)].

[17]   HCJ (High Court of Justice) 6698/05 Qa’adan et al. v. Israel Lands Administration et al., 54(1) P.D. 258 (decided on 8/3/2000).

[18]   M. S. A. Wattad, “A Vision of Citizenship: Arabs in a Jewish & Democratic State,” In: M. K. S., Ed., Globalisation, Human Rights and Development, System Law International, New Delhi, 2009, pp. 185-207.

[19]   M. S. A. Wattad, “Israeli Arabs: Between the Nation and the State,” Indigenous Law Journal, Vol. 6, No. 2, 2007, p. 179.

[20]   Chief Justice (ret.) Aharon Barak in HCJ (High Court of Justice) 4112/99 Adalah, The Legal Centre for the Rights of the Arab Minority in Israel v. Tel-Aviv-Jafa (Municipality of), Vol. 56, No. 5, P.D. 393, decided on 25/7/2002.

[21]   I. Saban and M. Amara, “The Status of Arabic in Israel: Reflections on the Power to Produce Social Change,” Israel Law Review, Vol. 5, No. 36. 2002.

[22]   H. Jabareen, “The Future of Arab Citizens in Israel: Jewish-Zionist in a Place with Palestinian Memory,” Law and Government, Vol. 53, No. 6, 2001 (Hebrew).

[23]   M. S. A. Wattad, “Resurrecting ‘Romantics at War’: International Self-Defense in the Shadow of the Law of War - Where are the borders?” ILSA Journal of International & Comparative Law, Vol. 205, No. 13, 2006, p. 205.

[24]   G. P. Fletcher, “Romantics at War: Glory and Guilt in the Age of Terrorism,” Vol. 139, Princeton University Press, Princeton, 2002, p. 139.

[25]   D. Grossman, “Sleeping on a Wire: Conversations with Palestinians in Israel 254,” In: H. Watzman translate, Tel- Aviv: Farrar, Straus, and Giroux, 1993.

[26]   Article 15A of Hok Shirot Ha-Mdina (Minoyeem) (“The State Service (Appointments)”) of 1959.

[27]   HCJ (High Court of Justice) 6427/02 et al., The Movement for Quality Government in Israel et al. v. The Knesset et al. (not published yet), decided on 11/5/2006.

[28]   HCJ (High Court of Justice) 11163/03 the National Committee for the Heads of the Arab Local Authorities in Israel et al. v. The Prime Minister of the State of Israel (not published yet) (decided on 27/2/2006).

[29]   HCJ (High Court of Justice) 6924/98, The Association for Civil Rights in Israel v. The Israeli Government, Vol. 58, No. 5, P.D. 15, decided on 9/7/2001.

[30]   T. More, Utopia, Translate by P. Turner, 1965.

[31]   United Nations General Assembly Resolution 181.

[32]   J. E. Nowak and R. D. Rotuda, Constitutional Law, 6th ed. 1055 (St. Paul, Minn.: West Group, 2000).

[33]   Palko v. Connecticut, 302 U.S. 319, 327, (Justice Cardozo) (USA), 1937.

[34]   HCJ (High Court of Justice) 73, 87/53 “Kol Ha’am” Co. v. Minister of Interior, Vol. 7, No. 2, P.D. 871, 876-878 (Justice Agranat, decided on 16/10/1953, Isr.

[35]   RWDSU v. Dolphin Delivery, 1986 2 S.C.R. 573 at 584 (Can.); Irwin Toy v. Quebec (Attorney General), 1989, 1 S.C.R. 927 at 976 (Can.); Edmonton Journal v. Alberta (Attorney General), 2 S.C.R. 1326 at 1336 (Can.), 1989.

[36]   BVerfGE 7 at 198 (Ger.); BVerfGE 42 at 133 (Ger.); BVerfGe 50 at 234 (Ger.).

[37]   On the correlation between rights and duties, see: W. N. Hohfeld, “Fundamental Legal Concepts as Applied in Judicial Reasoning and Other Legal Essays,” Yale University Press, New York, 1923, p. 36, p. 67.

[38]   R. R. Krebs, “Fighting for Rights: Military Service and the Politics of Citizenship,” Cornell Studies in Security Affairs, New York, 2006.

[39]   M. Amara and A. A. Mar’i, “Language Education Policy: The Arab Minority in Israel,” Kluwer Academic Publishers, Netherlands, 2006, p. 18.

[40]   M. Anil, “No More Foreigners? The Remaking of German Naturalization and Citizenship Law,” Dialectical Anthropology, Vol. 29, 2005.

[41]   W. Bridges, Transitions: Making Sense of Life’s Changes, 2004, p. 157.

[42]   E. Hemingway, Death in the Afternoon, 1932, p. 192.