Differential Treatment: Arabs vs Jews in Israel and the Occupied Territories

A documented comparison of how Arab/Palestinian and Jewish populations are treated under Israeli governance, examining both Israel within its 1967 borders and the occupied West Bank.

Part 1: Within Israel (1967 Borders)

Arab citizens of Israel (also called Palestinian citizens of Israel) comprise approximately 21% of the population (~2 million people). They hold Israeli citizenship and can vote, but face systematic discrimination documented by Israeli, Palestinian, and international human rights organizations.

Discriminatory Laws Database: Adalah (The Legal Center for Arab Minority Rights in Israel) has documented over 65 Israeli laws that discriminate directly or indirectly against Palestinian citizens based on national belonging. These affect: – Citizenship rights – Political participation – Land and housing – Education – Cultural and language rights – Due process

The Nation-State Law (2018)

Israel's Basic Law: “Israel as the Nation-State of the Jewish People” constitutionally enshrines Jewish supremacy:

Provision Effect
Self-determination “The right to exercise national self-determination in the State of Israel is unique to the Jewish people”
Language Arabic downgraded from official language to “special status” (had been official since 1922)
Settlement “The state views the development of Jewish settlement as a national value and will act to encourage and promote its establishment”
Equality No mention of equality or minority rights

Supreme Court ruling (2021): Upheld the law 10-1. The sole dissent came from Justice George Karra, the court's only Palestinian justice, who called it discriminatory.

Land and Housing

Admissions Committee Law

Allows communities in the Negev and Galilee to reject applicants based on “social suitability” and “social-cultural fabric.”

Metric Statistic
Communities with admissions committees 695 towns (68.5% of all towns)
Rural communities affected 85% of all villages
Communities able to exclude Arabs 434 (43% of all residential areas)

Practical effect: De facto racial segregation. Court rulings have blocked Arab children's access to schools in Jewish towns, citing protection of “Jewish character.”

Land Ownership

Budget and Services

Per Capita Spending Disparities

Category Disparity
Government spending overall Arabs receive ~2/3 of per-capita spending compared to Jews
Education funding Jewish students receive 3x the budget of Arab students
Balance grants (2003) Jewish towns received 59% more per citizen than equivalent Arab towns
Municipal deficits Arab municipalities account for 45% of all municipal deficits despite being ~21% of population

National Priority Areas

The Israeli government designates certain areas as “National Priority Areas” receiving tax cuts, housing benefits, and education funding. This system: – Systematically excludes Arab towns and villages – Grants substantial financial benefits to Jewish communities – Has been expanded to include settlements in the occupied territories

Education

Metric Jewish Schools Arab Schools
Funding per student ~3x higher Baseline
Class sizes Smaller Larger
Teacher ratios More teachers per student Fewer teachers per student
Infrastructure Generally well-maintained Chronic underfunding

2026 legislation: The Knesset passed a law prohibiting employment of educators holding degrees from Palestinian Authority institutions, further restricting the Arab teaching workforce.

Healthcare

Arab citizens have access to Israel's universal healthcare system but face significant disparities in outcomes and infrastructure.

Life Expectancy Gap

Population Life Expectancy Gap
Jewish Israelis (overall) 84.3 years —
Arab Israelis (overall) 80.7 years -3.6 years
Jewish men 81.5 years —
Arab men 78.2 years -3.3 years
Jewish women 85.8 years —
Arab women 83.2 years -2.6 years

The gap for men has been widening in recent years.

Infant Mortality

Population Deaths per 1,000 Live Births
Israeli average 2.0
Jewish Israelis 2.7
Arab Israelis (overall) 5.3
Muslim Israelis 7.5
Christian Israelis 3.0
Druze Israelis 3.4

Arab infant mortality is more than double the Jewish rate.

Healthcare Infrastructure Disparities

Metric Jewish Areas Arab Areas
Doctor availability Higher Shortage (especially North)
Medical equipment Better equipped Shortages documented
Average distance to hospital 14 km 22 km
Specialist access More accessible Limited

Geographic concentration: Districts with high Arab populations (Haifa, Jerusalem, Northern Israel) have documented shortages of doctors and medical equipment.

Political Rights

Arab citizens can vote and run for office, but face restrictions:

Marriage and Family Law

Israel has no civil marriage. All marriages must be performed by religious authorities (Jewish, Muslim, Christian, or Druze), creating distinct restrictions for Arab citizens.

No Interfaith Marriage

Restriction Effect
Religious-only marriage Couples must share the same religion to marry in Israel
Jewish-Arab marriage Legally impossible within Israel unless one converts
Workaround Couples must marry abroad (commonly Cyprus); marriages recognized upon return
Conversion requirement Interfaith couples must convert to same religion to marry domestically

Social reality: 97% of Israeli Jews report they would be uncomfortable if their child married a Muslim. Interfaith marriages between Jews and Arabs remain extremely rare (~1-2% of marriages).

Family Reunification Ban

The Citizenship and Entry into Israel Law (2003, renewed annually) specifically targets Palestinian families:

Standard Rule Exception for Palestinians
Foreign spouses of Israeli citizens can obtain residency and eventually citizenship Palestinian spouses from West Bank/Gaza cannot obtain citizenship or permanent residency
Family reunification is a basic right Explicitly denied to Palestinians on “security” and demographic grounds

Statistics:

Metric Number
Palestinians married to Israelis living with temporary status ~12,700
Applications for status (1993-2002) before law passed 22,400
Projected Palestinians who would have gained citizenship (first decade) 200,000

Stated justifications: – Security: Claim that Palestinian militants might use marriage to enter Israel (minimal evidence) – Demographic: Israeli officials including Foreign Minister Yair Lapid have explicitly defended the law as maintaining Jewish demographic majority

Supreme Court rulings: – 2006: Upheld 6-5 (criticized aspects of law but allowed it) – 2012: Confirmed constitutionality, rejected all petitions

Effect: An Israeli Arab citizen who marries a Palestinian from the West Bank or Gaza faces a choice: 1. Live apart from their spouse 2. Leave Israel to live with their spouse 3. Have spouse live in Israel illegally or on constantly-renewed temporary permits without path to citizenship

This restriction does not apply to Israeli Jews who marry foreign nationals from non-“enemy” states.

Part 2: The West Bank (Occupied Territories)

The West Bank operates under a fundamentally different system: two populations living in the same territory under two entirely separate legal regimes.

Aspect Palestinians Israeli Settlers
Legal system Israeli military law + remnants of Jordanian law Israeli civil law
Courts Military tribunals Israeli civilian courts
Maximum detention without charges 160 days 15 days
Conviction rate 99% Standard criminal rates
Access to lawyer Can be denied for 60 days Standard legal protections
Applicable crimes All offenses including traffic violations Civil criminal code

Source: Association for Civil Rights in Israel (ACRI), “One Rule, Two Legal Systems” report

Building Permits and Demolitions

Palestinian Building Permits (Area C)

Period Applications Approved Approval Rate
2016-2021 2,550 24 <1%
Oct 2023 – 2024 282 0 0%

Demolitions (2024)

Category Statistic
Total Palestinian structures demolished 1,281
East Jerusalem demolitions 214 (record high)
Punitive demolitions 37
Illegal settler structures identified 340
Illegal settler structures demolished 67 (20%)

Settlement Expansion (Oct 2023 – Nov 2024)

Water Allocation

Consumption Disparities

Population Daily Per Capita Notes
Israelis (including settlers) 247 liters 3x Palestinian rate
West Bank Palestinians (average) 82.4 liters Below WHO minimum
Palestinians not on water grid 26 liters Comparable to disaster zones

Oslo II Water Allocation (1995)

Population Allocated Share Actual Extraction
Israel 80% 80% above agreed amount
Palestinians 20% Within agreed range

Settler consumption: ~8,000 settlers in West Bank (excluding Jerusalem area) = 1% of population but consume 15% of local water resources.

Movement Restrictions

Checkpoint System

Restriction Applies to Palestinians Applies to Settlers
Checkpoints Yes (hundreds throughout West Bank) Generally bypass
Road access Restricted roads, settler-only highways Full access
Permit requirements Required for entry to Israel, Jerusalem, certain areas None
Travel time Dramatically extended by checkpoints Direct routes

Closure Regime

Healthcare Access

Palestinians in the West Bank and Gaza face severe restrictions on healthcare access that do not apply to Israeli settlers.

Medical Permit System

Palestinians requiring treatment unavailable locally must obtain Israeli military permits to reach hospitals in East Jerusalem, Israel, or abroad. Israeli settlers face no such requirements.

Aspect Palestinians Israeli Settlers
Permit required for hospital access Yes (for Jerusalem, Israel, abroad) No
Application timeline 23 working days minimum (increased from 10 in 2017) N/A
Approval criteria Undisclosed, arbitrary N/A
“Security” denials Common, no explanation given N/A
Permit approval rate (2019-2021) 65% approved in time for appointment N/A

Consequences of Permit Denials

Outcome Data
Mortality rate within 6 months of first permit application 8.8%
Patients dying after repeated permit denials Documented by WHO, B'Tselem
Permits denied on “security grounds” Common (criteria never disclosed)

Documented case: Qusai Issa, age 4, died from neuroblastoma in February 2023 after four permit applications were denied on “security grounds,” preventing treatment for 80 days.

Infrastructure Disparities

Metric Palestinian Facilities Israeli/Settler Access
Hospital equipment Basic, lacking imaging and specialists Access to Israeli hospitals
Historical per-capita health spending (1980s) ~$30/year ~$350/year (Israel)
Specialist availability Limited Full access to Israeli system
Import restrictions Israeli control limits medicines/equipment No restrictions

Physical Barriers to Care

Gaza: Total Healthcare Collapse (2023-2024)

The Gaza Strip, under Israeli blockade since 2007, has experienced complete healthcare system destruction:

Metric Data
Hospitals functional (as of April 2024) 12 of 32 (partial only)
Attacks on healthcare (Oct 2023 – April 2024) 443
Healthcare workers killed 723
Healthcare workers injured 924

Pre-October 2023: Even before the current war, Gaza patients required Israeli permits to exit for treatment. Permits were frequently denied, with documented deaths of cancer and cardiac patients refused passage at Erez crossing.

Administrative Detention

Metric 2024 Data
Palestinians in administrative detention (Sept 2025) 3,474
Peak during Gaza war (Dec 2023) 2,873 (all-time high at that point)
Maximum renewal Indefinite (6-month periods, renewable)
Evidence disclosure Classified; detainee cannot see evidence
Court oversight Military court, minimal review

2024 legislation: Israeli lawmakers approved a bill reserving administrative detention for non-Jews only.

Child Detention

Israel is the only country in the world that automatically and systematically prosecutes children in military courts. Palestinian children in the West Bank face a fundamentally different system than Israeli children, including settler children living in the same territory.

Scale of Child Detention

Metric Number
Palestinian children prosecuted in military courts annually 500-700
Children detained Oct 2023 – Feb 2024 (~5 months) ~460
Palestinian minors in detention (Sept 2025) 350

Age of Criminal Responsibility

Population Minimum Age Court System
Palestinian children (West Bank) 12 years Military courts
Israeli children 12 years (14 for imprisonment prior to 2015) Civilian courts
Israeli settler children (West Bank) 12 years Civilian courts

Key distinction: No Israeli child is ever tried in military courts. Palestinian and Israeli children living in the same territory face entirely different legal systems.

Arrest Procedures: Direct Comparison

Procedure Palestinian Children Israeli Children
Arrest method Night raids (midnight-5am), heavily armed soldiers Phone call or summons to police station
Timing Nighttime, family often terrorized Daytime
Physical treatment during arrest Blindfolded, hands bound with plastic ties Standard police procedures
Parental presence at arrest Rarely Typically present
Injuries during arrest 42% report injuries Standard safeguards

Interrogation Comparison

Aspect Palestinian Children Israeli Children
Parental presence 95% interrogated alone (no parent) Parent/guardian typically present
Lawyer access before interrogation 81% denied Standard right
First lawyer contact Often first time in military court Before/during questioning
Interrogation recording No official audio-visual recording required Standard procedures
Interrogation methods Verbal abuse, threats, physical violence documented Regulated by civilian law

Detention and Trial

Aspect Palestinian Children Israeli Children
Bail denial rate 72% denied 17.9% denied
Held until end of proceedings ~75% <20%
Court system Military tribunal Civilian juvenile court
Conviction rate 99%+ Standard criminal rates
Confession basis Often coerced (UNICEF finding) Standard evidentiary rules

Documented Abuse in Detention (UNICEF, Save the Children)

UNICEF has characterized ill-treatment in Israeli military detention of children as “widespread, systematic, and institutionalized.”

Abuse Type Percentage Reporting
Beaten during detention 86%
Strip-searched 69%
Injured during arrest 42%
Solitary confinement used Documented
Denial of food, water, toilet Documented

Administrative Detention of Children

Palestinian children can be held in administrative detention: – No charges ever filed – Evidence is secret (not disclosed to child or lawyer) – No meaningful ability to challenge detention – Indefinitely renewable 6-month periods

2024: Reports of dramatically worsening conditions for detained children since October 2023, including increased violence and infectious disease spread in facilities.

Violence and Accountability

Settler Violence

Period Attacks Israeli Response
2023-2024 Dramatic increase documented Minimal prosecution
Historical pattern Rare accountability B'Tselem: “Law enforcement vacuum”

Military Violence

Category Palestinians Settlers
Rules of engagement Open fire policies in many situations Not subject to military enforcement
Accountability for killings Rare prosecution of soldiers N/A
Investigation rates Low N/A
Conviction rates when prosecuted Minimal sentences typical N/A

Summary: Systematic Distinctions

Within Israel (1967 Borders)

Arab citizens have formal citizenship and voting rights, but face: – 65+ discriminatory laws documented – Constitutional exclusion via Nation-State Law – Housing segregation through Admissions Committees – Budget discrimination (~2/3 funding per capita) – Educational underfunding (1/3 per-student spending) – Land restrictions (3% land access for 21% of population) – Family reunification ban for Palestinian spouses (citizenship denied) – Healthcare gaps: 3.6-year life expectancy gap, 2x infant mortality rate

West Bank

Palestinians face a fundamentally different legal regime: – Military law vs. civilian law for settlers – <1% building permit approval vs. extensive settlement construction – 1/3 water consumption vs. settlers – 99% conviction rate in military courts – 160-day detention without charges vs. 15 days for settlers – Movement restrictions not applicable to settlers – Child detention: Military courts, night raids, 86% beaten, 72% denied bail (vs. 18% for Israeli children) – Healthcare: Permit system for hospital access, 65% approval rate, documented deaths from denials

Classification

Human rights organizations including Amnesty International, Human Rights Watch, B'Tselem (Israeli), and Al-Haq (Palestinian) have characterized this system as meeting the legal definition of apartheid under international law, based on:

  1. Intent to maintain domination of one racial/ethnic group over another
  2. Systematic oppression through institutionalized discrimination
  3. Inhumane acts committed in furtherance of the system

The UN Special Rapporteur on the occupied Palestinian territory and multiple UN Human Rights Council reports have reached similar conclusions.

Sources

Last updated: February 2026