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The Crime of Returning Home: Palestinians and the Israel-Jordan border in the 1950s
Abstract
This paper, part of a larger historical study of the application of Jordanian law in the Hebron district during the early 1950s, examines the crime of border crossings. The time period reflects the tumultuous 1951-1953 period in Jordan’s history, which witnessed the reign of three kings due to assassination and health deficiencies, along with a Regency Council that ruled until the young Hussein reached his majority and the onset of his reign. Following the 1948 War, many Palestinians found themselves on the Jordanian side, and their homes and fields on the Israeli side, of the 1949 Jordan-Israel Armistice line. As Palestinians adapted to life as Jordanian citizens and, often, also as refugees, the place of home took precedence over the legalities of armistice lines and local/international laws and agreements. Some Palestinians crossed the border from their new to their old homes and returned back, while others crossed the border to and from the Egyptian-controlled territory of Gaza. The crossings were oftentimes labeled “infiltration” by scholars and politicians, but the 1936 Penal Code used in post-independence Jordan until October 1951 did not include an article specifying border crossings as a crime. What did Jordanian law say about border crossings? The article in the Penal Code that Palestinians violated by crossing the border speaks only of “violating a lawful order.” For many, the law, the order, and the location of the border, may have been unclear or unknown. Nevertheless, many Palestinians did not view the border, or the law, as an obstacle to returning to their former homes and fields. Some who crossed engaged in additional unlawful practices including theft, trafficking with the enemy, or possession of foreign (Israeli) currency. The temporary Penal Code of 1951 replaced the 1936 Penal Code of the British mandate-era government, which prevailed in both Palestine and Transjordan. While the 1951 Penal Code lasted only 9 years before it was again replaced in 1960, border crossings received new attention in the 1951 Jordanian legal code and, contrary to political claims at the time and current scholarship, suggests that the Jordanian government took the issue of border crossings seriously. Jordanian law, cases of Palestinian arrests in the Hebron district, and records of the Jordan-Israel Mixed Armistice Commission will be examined in their socio-historical context in order to analyze the meaning of Jordanian law and its application regarding border crossings to and from the West Bank.
Discipline
History
Geographic Area
Israel
Jordan
Palestine
Sub Area
Arab-Israeli Conflict