Commenti sulla legge che vieta i matrimoni tra palestinesi dei Territori e israeliani.

 La riflessione di intellettuali ebrei non sionisti sulla legge che vieta i matrimoni tra israeliani e palestinesi.

La legge che vieta i matrimoni con palestinesi dei Territori Occupati è retroattiva (ha effetto sui matrimoni già in atto). In più (non è un punto toccato esplicitamente in questo articolo) il coniuge israeliano non può spostarsi  -lui o lei -a vivere nei Territori Occupati: è vietato dalla legge Insomma, toccherebbe rileggere il libro dell’Esodo e l’Aggadà di Pesach, ove si narra che, quando il faraone, preoccupato per le minacce all’equilibrio
demografico, uccide i maschi, i coniugi ebrei reagiscono dormendo separati. Ora il governo israeliano, non contento di uccidere palestinesi maschi (e femmine), norma esso stesso di separare i coniugi…

La riflessione di intellettuali palestinesi.
Occupation magazine – Commentary on current events

“Till Israel do us Part”

Joharah Baker
May 15, 2006

As if choosing a life mate is not a difficult enough
decision, here in the land of the absurd, even the
most basic human rights must be taken into
consideration before “tying the knot.” Most people
consider the future spouse’s character, their
financial situation and perhaps their in-laws before
saying “I do”. Forget all that – when asking for a
woman’s hand these days, a suitor must first display
his ID card and hope it is compatible with his future

On May 14, the Israel High Court of Justice dismissed,
in a 6-5 vote, petitions to annul the amendment to the
Israeli citizenship law, which prevents Palestinians
from requesting residency status in Israel for their
spouses through `family reunification`. The ruling is
an endorsement of the amendment introduced in 2002,
which froze family reunification applications filed by
Palestinian-Israelis who sought to bring their
Palestinian spouses into Israel.

The petitions were filed in 2003 by Adalah the Legal
Center for Arab Minority Rights in Israel; the
Association for Civil Rights in Israel; Knesset
members Zahava Gal-On, Roman Bronfman, Talab al-Sana,
Mohammed Barakeh, Azmi Bishara, Ahmed Tibi and
Abdulmalik Dehamshe; and several Israeli-Palestinian
couples affected by the law. The petitioners claimed
the law is racist and violates the right to family
life, the principle of equality and the Basic Law on
Human Dignity and Liberty.

The six justices, however, ruled that the law did not
violate constitutional rights and even if it did, the
violation was proportionate with the benefits, namely
– Israel’s “security concerns.”

Legal jargon aside, what this really means is that
families are virtually separated from each other by
means of a law. When a Palestinian is denied family
reunification with their Israeli spouse, not only can
they not move into Israel, but the Israeli citizen
cannot move to the West Bank or Gaza since Israel
passed a law banning Israeli citizens from entering
Palestinian Authority territories – a Catch-22 of the
worst kind.

Still, there are tens of thousands of Palestinian
residents who choose to “defy” this law by making
their homes with their spouses inside the Green Line
and in Jerusalem, which is also subject to Israeli
residency laws. A small victory, some would say. At
least the family is not separated physically. They
live together, have children, who usually become
Israeli citizens – or permanent residents in the case
of east Jerusalem – and can stay together under one
roof. In Jerusalem alone, there are an estimated
40,000 Palestinians living illegally within the city’s

However, not only does this mean the spouse does not
have a right to national and medical insurance but
they cannot work, they cannot drive, ride in public
transpiration or cross checkpoints into Palestinian
territories. They are constantly vulnerable to arrest,
harassment or even deportation out of Israel on
grounds of residing in the country illegally.

What is so absurd is that Israel, the so-called
democracy, gets away with such blatant discrimination.
What rationale could possibly be presented that would
justify families being separated from each other?
Israel defends itself by saying it is certainly not
the only country that restricts “foreigners” from
obtaining citizenship on the sole basis of family
unification, especially if the spouse originates from
an “enemy country.”

“The Palestinian Authority is an enemy government, a
government that wants to destroy the state and is not
prepared to recognize Israel,” Israeli Justice Mishael
Cheshin said during a debate over the law last

`It`s true that the Palestinians are not a hostile
people. But are the State of Israel`s defensive
efforts against terror attacks, against lone
individuals carrying out attacks not a sufficient
enough reason to prevent their entry?”

That Palestinians should be considered foreigners is,
in and of itself, a ridiculous premise. This is a
people who have lived in this land for generations,
who can trace their lineage back hundreds of years to
a stone house, to a single olive tree standing
stubbornly in the rich soil of what was once an
orchard tended by Palestinian hands.

Once, the late Dr. Ibrahim Abu Lughud, a prominent
Palestinian scholar and refugee from Jaffa, said what
sets Israelis and Palestinians apart is that
Palestinians have claims to all of Palestine, from the
Mediterranean Sea to the River Jordan, while Israelis
do not. They are the invaders and the colonizers and
now the tables have been turned and the aboriginal
inhabitants of this land are being expelled yet once
again, labeled as outsiders, enemies and “foreigners.”

However, anyone who knows anything about Israel’s
policies and long-term goals will realize that this is
just one rung in the long ladder of racist measures
against the Palestinians. Israel has elevated its
oppression of the Palestinians into an art form,
constantly creating ingenious ways of fencing them
off, kicking them around and eventually squeezing them

Since it is not a feasible option to haul hundreds of
thousands of Palestinians over the borders and dump
them into neighboring Arab states – even the
blind-eyed international community would flinch –
Israel attacks one family at a time. Eventually, if
families are not free to live in peace and prosper in
their own homes, it is only natural that they will
turn to other options outside this oppressive box. For
Israel, each Palestinian family beaten into submission
is one less spot of Palestinian blood tainting its
Jewish demographic map.

While the High Court ruling may have come as a
surprise to some, the Palestinians would have expected
nothing less from their oppressors. Besides the more
obvious measures of oppression such as the military
operations, the Apartheid wall and the assassinations,
Palestinians understand that these more insidious but
no less lethal measures compose a major part of
Israel’s strategy in realizing its true goal of
obliterating the Palestinian cause.

With Israel’s in
tentions as clear as daylight, there
is only one thing left. The time has come for the
world to wake from its slumber.


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