Prevention of Infiltration Law - Context

Context

For more information on historical context, see 1948 Palestinian exodus, 1948 Arab-Israeli war, Palestinian immigration (Israel) and Israeli-Palestinian conflict.

Palestinian infiltration into Israel first emerged among the Palestinian refugees of the 1948 Arab-Israeli War, living in camps in Jordan, Lebanon, Egypt, and Syria. Most of the infiltration at this time was economic in nature, with Palestinians crossing the border seeking food or the recovery of property lost in the 1948 war. Between 1948 and 1955, infiltration by Palestinians into Israel was firmly opposed by Arab governments.

The problem of establishing and guarding the demarcation line separating the Gaza Strip from the Israeli-held Negev area, proved a vexing one: largely due to the presence of more than 200,000 Palestinian Arab refugees in this Gaza area. The terms of the Armistice Agreement restricted Egypt’s use and deployment of regular armed forces in the Gaza strip. In keeping with this restriction the Egyptian Government’s answer was to form a Palestinian para-military police force. The Palestinian Border police was created in December 1952. The Border police were placed under the command of ‘Abd-al-Man’imi ‘Abd-al-Ra’uf, a former Egyptian air brigade commander, member of the Muslim Brotherhood and member of the Revolutionary Council. 250 Palestinian volunteers started training in March 1953 with further volunteers coming forward for training in May and December 1953. Part of the Border police personnel were attached to the Military Governor’s office and placed under ‘Abd-al-‘Azim al-Saharti to guard public installations in the Gaza strip. It was only after Israel's raid on an Egyptian military outpost in Gaza in February 1955, in which 37 Egyptian soldiers were killed, that an Arab government - in this case the Egyptian - began to actively sponsor fedayeen raids into Israel. According to the Jewish Agency for Israel between 1951 and 1956, 400 Israelis were killed and 900 wounded in fedayeen attacks.

From time to time, too, the Israeli authorities arrested groups of Arabs who had stayed in the country without being granted Israeli nationality and pushed them over the frontier. These Arabs would often return and, through their relatives, obtain decisions from the Israeli courts allowing them to stay in Israel.

During the 1949–1956 period the motivation of infiltration was social or economic concerns.

For some time these practices continued to embarrass the Israeli authorities until finally they passed a law forbidding Palestinians to return to Israel, those who did so being regarded as "infiltrators.". Most of the people in question were refugees attempting to return to their homes inside the new Israeli state. Between 30,000 and 90,000 Palestinian refugees returned to Israel as a result. They wanted to return to what were their homes prior to the Arab-Israeli War, looking for their lost loved ones, harvesting crops from fields that were confiscated, and to reclaim property other than land. There were also Bedouin to whom the concept of newly established borders were foreign.

Arabs declare the infiltration into Israel's territory to have been a direct consequence to the displacement and dispossession of the Palestinian refugees during the 1948 Arab-Israeli War. To Israel, the infiltration was a large problem. Israel's answer to this was to establish new settlements along the border and raze the abandoned Arab villages. A "free fire" policy towards infiltrators was adopted — a policy of shooting those crossing the international armistice line illegally. Eventually, the Israeli leadership came to the conclusion that only retaliatory strikes would be able to create the necessary factor of deterrence, that would convince the Arab armies to prevent infiltration. Although the strikes were sometimes confined to military targets (particularly, at the later stages of the infiltration), numerous civilians were killed, prompting the question whether the strikes were a form of collective punishment.

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