(From the Yearbook of International Humanitarian Law)

The petitioners challenged the constitutionality of the Citizenship and Entry to Israel (Temporary Provision) Law, 2003 as amended in 2006. The law severely limits the Minister of Interior and IDF commanders in the West Bank and Gaza Strip in granting Israeli citizenship, residence status or entry permit to Palestinians from the West Bank and Gaza Strip. The petitioners argued that the prohibition on family unification of Israeli citizens and residents with Palestinians family members violates the right to family life. Since the Law affects primarily Israeli Arabs, it is also discriminatory. They further claimed that the Law was motivated by demographic rather than security considerations and is therefore unconstitutional. In a sharply divided judgment, the Court rejected the petition. The majority opinion upheld the constitutionality of the Law. The dissenting opinion of four judges found that the Law infringes upon the right to family life and equality in a disproportionate manner and should therefore be declared invalid.

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