Data Reportby The Hanover InstituteNovember 9, 2026

Does Anti-Zionism Deny the Right of Jewish Refugees to Exist? Reading the 1919 Petition, Three Definitions and Israel’s Own Statutes

A 1919 anti-Zionist petition, three antisemitism definitions, Israel’s statutes and a 1995 survey on rejecting a Jewish state versus rejecting Jews.

Does Anti-Zionism Deny the Right of Jewish Refugees to Exist? Reading the 1919 Petition, Three Definitions and Israel’s Own Statutes

In the written record, the earliest anti-Zionist texts did not deny Jews a right to exist. The 1919 petition headlined at the time as “Anti-Zionist Petition To President Wilson” was signed by 300 American Jews, according to two wire reports from that year. It objected to “a distinctively Jewish State” in the name of “the large claims of Jews for full citizenship and human rights in all lands.”

The live dispute is whether rejecting a Jewish state denies Jews something they hold as a people. The International Holocaust Remembrance Alliance’s 2016 working definition lists among its examples denying “the Jewish people their right to self-determination.” The Jerusalem Declaration on Antisemitism (2021) draws its line at denying “the right of Jews in the State of Israel to exist and flourish.” The one measured split is wide. In Sammy Smooha’s 1995 survey of 1,200 Arab citizens of Israel, 6.8% denied Israel’s right to exist, while 35.3% rejected its right to exist as a Jewish-Zionist state.

Key Findings

  • 300 people signed A Statement to the Peace Conference, according to two 1919 wire reports (Berkowitz, Jastrow, Senior and the signers, 1919). The document itself states no count. It objects to “a distinctively Jewish State” and asks for a Palestine “recognizing no distinctions of creed or race or ethnic descent.”
  • 46 UN member states are named on the adoption roll for the non-legally binding 2016 working definition (International Holocaust Remembrance Alliance, 2016). The definition’s illustrative examples include denying “the Jewish people their right to self-determination.” IHRA publishes no total.
  • 210 scholars initially signed the Jerusalem Declaration on Antisemitism (2021). Its guideline 10 treats denying “the right of Jews in the State of Israel to exist and flourish” as, on the face of it, antisemitic. Its guideline 12 treats support for a binational or unitary state as, on the face of it, not antisemitic.
  • 1950 is the year the Law of Return gave “every Jew” the right to come to Israel as an oleh (Knesset, 1950, amended 1970). In 1970 the right was extended to children, grandchildren and named spouses of a Jew.
  • 28.5% is the minimum share of 1,200 Arab citizens of Israel who rejected its right to exist as a Jewish-Zionist state without denying its right to exist, in a 1995 survey (Smooha, 1997).

Did the first organized anti-Zionists deny Jews any rights?

No. A Statement to the Peace Conference was signed by 300 American Jews, according to two contemporaneous wire reports. It was presented to President Woodrow Wilson by Representative Julius Kahn of California on 4 March 1919. It framed its rejection of a Jewish state as a defence of “the large claims of Jews for full citizenship and human rights in all lands in which those rights are not yet secure.”

Three men drafted the text, which circulated for signature from late 1918:

  • Rabbi Henry Berkowitz of Congregation Rodeph Shalom, Philadelphia
  • Professor Morris Jastrow of the University of Pennsylvania
  • Max Senior of Cincinnati

The Denver Jewish News printed the text on 19 March 1919. Its statement of purpose is identical in that printing and in the copy reproduced from the drafting committee’s file (Levitas, 1962). It records “objections to the organization of a Jewish State in Palestine as proposed by the Zionist Societies in this country and Europe and to the segregation of the Jews as a nationalistic unit in any country.”

The objections were political:

  • Objection 4 (Levitas text) protests “the political segregation of the Jews and the re-establishment in Palestine of a distinctively Jewish State as utterly opposed to the principles of democracy.”
  • Objection 5 says Jews are bound by “common religious beliefs and aspirations” and shared experience. In the signers’ own words, this separates Judaism from Zionism: “Nothing in their present status suggests that they form in any real sense a separate nationalistic unit.”
  • The closing asks for a Palestine “governed under a democratic form of government recognizing no distinctions of creed or race or ethnic descent.”

The signer count comes from outside the document, which says only “we, the undersigned citizens of the United States.” Kahn’s name and the 4 March date also come from outside sources; the Denver printing never mentions Kahn. A figure of 299 traces to Max E. Berkowitz’s 1932 biography of the drafter, which refers to “the two hundred and ninety-nine other signatories” (Berkowitz, 1932, as quoted in Levitas, 1962). Counting Berkowitz himself, that is also 300. Levitas also records one rabbi deciding to sign on 22 April 1919, so any total is a count as of a date.

Source Date Signers stated
The Statement’s own text March 1919 None stated
Douglas Daily International 5 March 1919 300
Wisconsin Weekly Blade 15 March 1919 300
The Beloved Rabbi (biography) 1932 299 others besides the drafter

Source: Berkowitz, Jastrow, Senior and the signers, 1919, with the contemporaneous reports and biography named in each row.

The petition is evidence of what its signers argued in March 1919. Its claim to voice “the majority of American Jews born in this country” appeared on the same Denver page as the Zionist Organization of America’s rival claim to a majority. Neither published a method.

Who says denying a Jewish state denies Jews, and since when?

The International Holocaust Remembrance Alliance has listed this view since 26 May 2016, and its adoption roll names 46 UN member states. Among its illustrative examples of antisemitism is “Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.” This is the institutional anchor for the view that rejecting a Jewish state denies Jews a collective right.

It is often said that opposing a Jewish state denies Jews a right other peoples hold. The IHRA example is the adopted text that carries that view.

Where the examples sit in the document affects how far they reach:

  • The decision of the IHRA Plenary in Bucharest reads: “Adopt the following non-legally binding working definition of antisemitism:”.
  • The definition follows inside the quotation marks, in two sentences, beginning “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews.”
  • The examples come afterwards, on a separate line: “To guide IHRA in its work, the following examples may serve as illustrations:”.

IHRA’s own two copies place the definition inside the decision and the examples after it. Whether the examples share the definition’s adopted status is the most contested question about the instrument.

The list carries its own hedge. Contemporary examples “could, taking into account the overall context, include, but are not limited to” the items that follow. The framing paragraph also sets two statements side by side: “Manifestations might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.”

Uptake is counted in two ways that cannot be compared:

  • IHRA’s roll names 46 UN member states with dates, from the United Kingdom on 12 December 2016 to Costa Rica on 24 July 2025. Its footnote says countries “will use different terminology, including adopt, endorse, embrace, recognize, support, and so on.”
  • Israel’s Ministry for Diaspora Affairs and Combating Antisemitism, working with the World Zionist Organization and the Jewish Agency, reported that 1,216 entities had ratified the definition by the end of 2023, including 97 new adoptees that year (Ministry for Diaspora Affairs, 2024).

The ministry figure is that government body’s own count. It is not independently verified, it covers a different universe of entities, and it is never summed with IHRA’s roll of states.

Which definition names the right of Jews in Israel to exist?

The Jerusalem Declaration on Antisemitism does. It was launched on 25 March 2021 and was “initially signed by 210 scholars,” according to its publisher. Its guideline 10 lists among examples that “on the face of it, are antisemitic”: “Denying the right of Jews in the State of Israel to exist and flourish, collectively and individually, as Jews, in accordance with the principle of equality.”

The Declaration is a scholarly text, not an adopted instrument. No state, parliament or intergovernmental body has adopted it, and its publisher now reports “more than 400 signatories.” Its core definition, quoted from the signatories’ own PDF copy, reads: “Antisemitism is discrimination, prejudice, hostility or violence against Jews as Jews (or Jewish institutions as Jewish).”

Guideline 10 sits in section B, headed “Israel and Palestine: examples that, on the face of it, are antisemitic.” The right it protects belongs to people already living there: Jews in Israel, “collectively and individually, as Jews.” Guideline 7, in the same section, covers “Holding Jews collectively responsible for Israel’s conduct or treating Jews, simply because they are Jewish, as agents of Israel.”

Section C, headed “examples that, on the face of it, are not antisemitic,” sets out the other side of the line. Guideline 12 lists support for “arrangements that accord full equality to all inhabitants ‘between the river and the sea’, whether in two states, a binational state, unitary democratic state, federal state, or in whatever form.” The 1919 petition’s closing request, a Palestine “recognizing no distinctions of creed or race or ethnic descent,” describes an arrangement of the unitary kind guideline 12 names.

The preamble controls how the qualifier is read: “The guidelines that focus on Israel-Palestine (numbers 6 to 15) should be taken together. In general, when applying the guidelines each should be read in the light of the others and always with a view to context.”

The two instruments differ on where the line falls:

  • IHRA’s example concerns a people’s right to self-determination.
  • The Declaration’s guideline 10 concerns the existence and flourishing of Jews in the State of Israel.
  • The Declaration’s guideline 12 places arrangements other than a Jewish state on the not-antisemitic side, on the face of it.

Does the Nexus Document treat opposing Zionism as antisemitic?

No. The Nexus Document, in its June 2024 revision, says the opposite in item 1 of its list “What is Not Antisemitic?”: “criticism of Zionism and Israel, opposition to Israel’s policies, or nonviolent political action directed at the State of Israel and/or its policies should not, as such, be deemed antisemitic.”

The Nexus Task Force, which drafted the text, is affiliated with the Center for the Study of Hate at Bard College. The Nexus Project, its publisher, states that it “is fiscally sponsored by the New Israel Fund.” The document describes itself as derived from a Task Force White Paper and “designed as a guide for policymakers and community leaders.”

Its dating trailer reads: “The White Paper was published in December 2020. The Nexus Document was published in February 2021 and updated in June 2024.” Quotations here come from the publisher’s 2024 PDF. The publisher posts only the current revision, and the February 2021 original was not retrieved.

The document sets two separately numbered lists against each other:

  • “What is Antisemitic?” item 9: “It is antisemitic to treat Israel differently solely because it is a Jewish state, using standards different than those applied to other countries.”
  • “What is Antisemitic?” item 2: speech about Zionism and Israel “should be based on the standards for speech or conduct that apply to antisemitic behavior in general.”
  • “What is Not Antisemitic?” item 3: “Even contentious, strident, or harsh criticism of Israel for its policies and actions, including those that led to the creation of Israel, is not per se illegitimate or antisemitic.”

The three instruments place the boundary in three different spots, which bears on the wider question of whether anti-Zionism is antisemitism:

Instrument and status Wording on a Jewish state Source
Working definition, non-legally binding, IHRA Plenary Denying “the Jewish people their right to self-determination” could, in context, be an example IHRA, 2016
Scholarly declaration, adopted by no state Denying Jews in Israel the right “to exist and flourish” is, on the face of it, antisemitic JDA, 2021
Academic project text, NIF-sponsored publisher Opposing Zionism is not, “as such,” antisemitic; differential treatment “solely because it is a Jewish state” is Nexus, June 2024 revision

Source: International Holocaust Remembrance Alliance (2016); Jerusalem Declaration on Antisemitism (2021); Nexus Task Force (2021, updated June 2024).

Did early anti-Zionists oppose Jewish settlement in Palestine itself?

One did not. On 23 August 1917, E. S. Montagu, Secretary of State for India, asked the War Cabinet to secure “for Jews in Palestine complete liberty of settlement and life on an equality with the inhabitants of that country who profess other religious beliefs.” He then added: “I would ask that the Government should go no further.” His paper, G.T. 1868, is held at The National Archives, Kew, as CAB 24/24/71.

Montagu wrote as “the one Jewish Minister in the Government.” His view of Zionism was unsparing: it “has always seemed to me to be a mischievous political creed, untenable by any patriotic citizen of the United Kingdom.” The first of his “four principles” reads: “I assert that there is not a Jewish nation.” He went further: “I would willingly disfranchise every Zionist.”

His stated concern was for Jews in other countries. He asked the Government to refuse a conclusion that “makes aliens and foreigners by implication, if not at once by law, of all their Jewish fellow-citizens.”

The paper is titled “The Anti-Semitism of the Present Government.” Its opening sentence sets the terms of that charge in full: “I have chosen the above title for this memorandum, not in any hostile sense, not by any means as quarrelling with an anti-Semitic view which may be held by my colleagues, not with a desire to deny that anti-Semitism can be held by rational men, not even with a view to suggesting that the Government is deliberately anti-Semitic ; but I wish to place on record my view that the policy of His Majesty’s Government is anti-Semitic in result and will prove a rallying ground for Anti-Semites in every country in the world.”

Dating and provenance limit what the document can show:

  • Dating: it answers a draft, Lord Rothschild’s letter of 18 July 1917 and a reply from Balfour not yet issued. It predates the Balfour Declaration of 2 November 1917 by ten weeks.
  • Page 1 matches the image The National Archives publishes from its second copy, CAB 21/58, folio 218.
  • Pages 2 and 3 were read from a relayed photographic scan of the same print. These pages carry the four principles, the disfranchisement passage and the request on settlement.

The paper counts nothing. It records one minister’s position on one date: opposition to a Jewish state combined with a request for Jewish settlement in Palestine on equal terms.

What right does Israeli law give Jews seeking to immigrate?

Israeli law grants the right in section 1 of the Law of Return, passed by the Knesset on 5 July 1950: “Every Jew has the right to come to this country as an oleh.” A translator’s note defines oleh as “a Jew immigrating, into Israel.” The wording of section 1 attaches the right to being Jewish. It sets no condition of persecution or flight.

The text quoted is the English Law of Return published by the Knesset in its selected-legislation series. The Prime Minister’s Office designates it as “the full text of the Law of Return, 1950.” The page is a scan from the series Laws of the State of Israel and is marked neither official nor unofficial.

Section 4 of the 1950 text extended the status to Jews already in the country. Every Jew who immigrated before the law took effect, and every Jew born in the country, “shall be deemed to be a person who has come to this country as an oleh under this Law.”

Amendment No. 2, passed on 10 March 1970, did two separate things:

  • Section 4A extended the right to relatives. The rights of a Jew pass to “a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew, except for a person who has been a Jew and has voluntarily changed his religion.” Subsection (b) makes it irrelevant whether the Jew through whom the right is claimed “is still alive and whether or not he has immigrated to Israel.”
  • Section 4B defined who is a Jew: “For the purposes of this Law, ‘Jew’ means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.”

The same amendment carried that definition into the Population Registry Law through a new section 3A(b).

This statute is where the definitional dispute becomes enacted law. It creates a right of entry vested in Jews as Jews, enacted by the state whose Jewish character the 1919 petitioners and Montagu opposed. Montagu’s alternative was different in kind: liberty of settlement on equal terms with inhabitants of other religions, without a group entitlement to entry. The law itself carries no count of immigrants.

How do Israel’s founding texts define the state anti-Zionism opposes?

The Declaration of the Establishment of the State of Israel, read on 14 May 1948, declares “THE ESTABLISHMENT OF A JEWISH STATE IN ERETZ-ISRAEL, TO BE KNOWN AS THE STATE OF ISRAEL.” In the Knesset’s English text, it pledges “complete equality of social and political rights to all its citizens irrespective of religion, race or sex.”

Two Israeli government English texts differ on that clause’s key word. The Knesset publishes “all its citizens,” while the Ministry of Foreign Affairs publishes “all its inhabitants.” Both translate a Hebrew original. The Declaration also appeals “to the Arab inhabitants of the State of Israel to preserve peace and participate in the upbuilding of the State on the basis of full and equal citizenship.” The 37 members of the People’s Council signed it, David Ben-Gurion first.

Basic Law: Human Dignity and Liberty, enacted by the Knesset in 1992, states its purpose in section 1a, the purpose clause: “to protect human dignity and liberty, in order to embed the values of the State of Israel as a Jewish and democratic state, in a basic law.” The Knesset labels its English translation unofficial in the document’s second line and directs readers to the Hebrew for the operative law.

The rights in that law attach to individuals:

  • Dignity, life and body: “One should not violate the life, body, or dignity of a human being as such” (section 2).
  • Property and personal liberty: “The property of a human being shall not be violated” (section 3). Section 5 protects liberty against imprisonment, detention or extradition.
  • Exit and entry: “Every person is free to exit Israel,” and “Every Israeli citizen who is abroad is entitled to enter Israel” (section 6).
  • Privacy: “Every person has a right to privacy and to intimacy in his life” (section 7).

A text search of the complete Knesset English text returns zero occurrences of “equal,” “discrimin,” “religion,” “race” and “nationality.” The law contains no equality clause. Its link to the Declaration runs through section 1, the basic principles clause: rights “shall be upheld in the spirit of the principles included in the Declaration of the Establishment of the State of Israel.” That clause does not enact the Declaration’s equality sentence. Section 10 leaves untouched “the validity of any law that existed prior to the inception of the Basic Law,” which includes the Law of Return of 1950.

Read together, the texts separate two layers:

Text and date Collective layer Individual layer
Declaration, 14 May 1948 (Knesset text) “A JEWISH STATE IN ERETZ-ISRAEL” Equality “to all its citizens”
Basic Law: Human Dignity and Liberty, 1992 Values of “a Jewish and democratic state” Rights of “a human being as such”
Law of Return, 1950 and 1970 Right of entry for “Every Jew” None stated beyond the entry right

Source: Provisional Government of Israel (1948); Knesset (1992, amendments through 2022); Knesset (1950, amended 1970).

The 1919 petition and Montagu’s paper objected to the collective layer. Neither objected to the individual one. The definitional instruments differ over whether rejecting the first layer reaches Jews themselves.

How many rejected a Jewish state without rejecting Israel’s existence?

At least 28.5% of Arab citizens of Israel did, in a 1995 survey reported by the sociologist Sammy Smooha in the peer-reviewed journal Israel Studies (1997). In that survey, 35.3% rejected Israel’s right to exist as a Jewish-Zionist state, while 6.8% denied its right to exist at all. The gap between the two shares is the minimum share holding the first position without the second.

The survey ran from September to October 1995. It used face-to-face interviews with a statewide sample of 1,200 Arab men and women aged 18 or older. The sample covered residents inside the pre-1967 borders and excluded East Jerusalem. This was the fifth wave of a series among Arab citizens that began in 1976.

The arithmetic gives a floor, not a point estimate. If every respondent who denied Israel’s right to exist also rejected its Jewish-Zionist character, then 35.3% minus 6.8%, or 28.5% of the sample, rejected the Jewish state while accepting the state’s existence. Any respondent who denied Israel’s existence without being counted in the 35.3% would raise that share.

The same survey recorded wider objections to the state’s Jewish character:

Source: Smooha, 1997, Israel Studies, peer-reviewed; survey fieldwork September to October 1995.

Half of the sample, 50.3%, regarded Zionism as racist, and 75.0% objected to Israel keeping a Jewish majority. Both shares sit far above the 6.8% who denied the state’s right to exist.

Smooha used the survey to illustrate his model of “ethnic democracy.” He defined it as “a system that combines the extension of civil and political rights to individuals and some collective rights to minorities, with institutionalization of majority control over the state.” His survey records the views of one population, Arab citizens of Israel, in one year, 1995. It does not measure opinion among Jews, among self-described anti-Zionists elsewhere, or among any population today.

Methodology and limitations

The evidence comes from four source types, each labelled where cited.

  • Primary and official records: the Knesset’s English texts of the Law of Return (1950, amended 1970) and Basic Law: Human Dignity and Liberty (1992, amendments through 2022), and the Knesset’s English text of the 1948 Declaration. The Basic Law translation is labelled unofficial by the Knesset. The Law of Return scans are marked neither way.
  • Primary historical artifacts: the 1919 Statement to the Peace Conference, read in the Denver Jewish News printing of 19 March 1919 and in the reproduction published by Irving Levitas in the American Jewish Archives journal in 1962. Montagu’s 1917 War Cabinet paper was read from page 1 as published by The National Archives and from pages 2 and 3 in a relayed scan of the same print.
  • Definitional instruments: the IHRA working definition (2016), adopted by an intergovernmental plenary; the Jerusalem Declaration on Antisemitism (2021), signed by scholars and adopted by no state; and the Nexus Document, cited in its June 2024 revision because the February 2021 original was not retrieved. These texts state where their authors draw a line. They are not measurements, and none is cited here for whether any particular statement or person is antisemitic.
  • Peer-reviewed research: Smooha (1997), whose percentages are 1995 survey figures from one population.

The two 1919 newspaper reports supply the signer count, which the petition itself does not state. The copy handed to President Wilson was not located. The Woodrow Wilson Papers were searched at container level, and the plausible containers were not opened.

The Israeli Ministry for Diaspora Affairs figure on IHRA adoptions is that government body’s own count and is not independently verified. It covers a different universe from IHRA’s roll of states.

No survey in this record measures how many people who describe themselves as anti-Zionist deny Jews, refugees or otherwise, a right to live safely. Smooha’s 1995 split is the only measured separation between rejecting a state’s existence and rejecting its Jewish character.

Conclusion

Does anti-Zionism deny the right of Jewish refugees to exist? In the record, the oldest anti-Zionist texts went the other way. The 300 signers of 1919 asked for a Palestine without distinctions of creed, framed in the name of Jewish citizenship rights in every land. In 1917, Montagu called Zionism mischievous yet asked for Jewish “liberty of settlement” in Palestine on equal terms.

The record is consistent across its layers. Each of the three definitional instruments treats denying Jews safety or existence as antisemitic, and none treats every objection to a Jewish state that way. They divide on one point: whether a people’s self-determination, as IHRA’s 2016 example frames it, is itself among the things that can be denied. Israel’s own texts carry both layers at once: a Jewish state, a right of entry for “every Jew” since 1950, and rights for “a human being as such” since 1992. Among Arab citizens surveyed in 1995, rejecting the Jewish state was at least five times as common as rejecting Israel’s existence.

The word “refugee” appears in none of these founding objections. Their target was a political form, and the Law of Return then made that form the legal channel of entry for Jews as Jews. When anti-Zionism is heard as a threat to Jewish refugees, is the threat located in what its proponents write, in the entry right the state built, or in the gap between the two? The question of how often one is mistaken for the other, and whether that gap is one of the inputs feeding hostility toward Jews, remains open for society to examine.

Frequently Asked Questions

Is the IHRA working definition legally binding?

No. The decision of the IHRA Plenary on 26 May 2016 reads “Adopt the following non-legally binding working definition of antisemitism,” and the qualifier also appears in the filename of IHRA’s own PDF. National adopters use varied terms, which IHRA lists as “adopt, endorse, embrace, recognize, support.”

How does the Jerusalem Declaration relate to the IHRA definition?

Its preamble proposes the Declaration “as an alternative to the IHRA Definition” and adds that institutions which have adopted IHRA “can use our text as a tool for interpreting it.” The same preamble states that the IHRA text includes “11 ‘examples’ of antisemitism, 7 of which focus on the State of Israel.” That count of seven is the Declaration’s own allocation, not a statement in the IHRA text.

Was the 1919 petition handed to Wilson in Paris?

No. Representative Julius Kahn presented it on 4 March 1919, and Wilson sailed from Hoboken for the Peace Conference on 5 March. The copy presented to the President has not been located in the published Foreign Relations of the United States volume for the conference.

Where is the 1919 petition’s signatory list held?

The drafting committee’s file, including printed copies of the Statement and a listing of signatories, is in the Henry Berkowitz Papers, Manuscript Collection No. 25, at the American Jewish Archives in Cincinnati. The finding aid is arranged by correspondent and does not itemise the list, so it is reachable only in the reading room.

Does the Nexus Document mention boycotts?

No. A string search of both copies of the June 2024 revision returns zero occurrences of “boycott,” “BDS,” “divest” or “sanction.” Its nearest provisions are the “nonviolent political action” clause in “What is Not Antisemitic?” item 1 and “What is Antisemitic?” item 9.

Does Basic Law: Human Dignity and Liberty apply to laws passed before 1992?

No. Section 10 states that the Basic Law “shall not affect the validity of any law that existed prior to the inception of the Basic Law.” Statutes such as the Law of Return of 1950 stand outside its limitation clause.

Who loses eligibility under the 1970 amendment to the Law of Return?

Section 4A excludes “a person who has been a Jew and has voluntarily changed his religion.” The exclusion applies to the claimant’s own history, not the ancestor’s. Section 4B separately excludes from the definition of “Jew” anyone who “is a member of another religion.”

Sources

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