Is Israel’s Treatment of Palestinians Considered Apartheid?

The Israeli-Palestinian conflict has been a longstanding issue, garnering international attention and debate. One particular term that has gained traction in recent years is “apartheid,” often used to describe Israel’s treatment of Palestinians. This article will delve into the complexities of this topic, exploring the definition of apartheid, international legal perspectives, and the evidence presented by various sources.

Understanding Apartheid

Apartheid is a term originally associated with South Africa, referring to a system of institutional discrimination and systematic oppression based on race or ethnicity. It is considered a particularly severe form of discrimination and is prohibited by international law. While apartheid was initially coined in relation to South Africa, it has become a universal legal term that applies globally.

International Legal Framework

Apartheid is recognized as a crime against humanity under international law. The 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid and the 1998 Rome Statute of the International Criminal Court outline the key elements of apartheid:

1. Intent to maintain domination: Apartheid requires an intent to establish and maintain domination by one racial or ethnic group over another.
2. Systematic oppression: The dominant group must systematically oppress the marginalized group.
3. Inhumane acts: Apartheid involves inhumane acts such as “forcible transfer” and “expropriation of landed property.”

It is essential to note that racial discrimination extends beyond physical characteristics and includes distinctions based on descent, national origin, and ethnicity. The interpretation of race and racial discrimination varies based on the context and local actors involved.

Perspectives on Israel’s Treatment of Palestinians

Views from Prominent Figures

Several prominent figures, including former Israeli officials and international leaders, have expressed concerns about Israel’s treatment of Palestinians. Tamir Pardo, the former head of Israel’s national intelligence agency, the Mossad, stated that Israel is imposing apartheid on the Palestinians. Similarly, the former northern commander of the Israeli army described the situation in the West Bank as one of “total apartheid.” Former United Nations Secretary-General Ban Ki-moon and former U.N. Human Rights Commissioner Mary Robinson also highlighted the “ever-growing evidence” that the situation meets the international legal definition of apartheid.

Human Rights Watch Findings

Human Rights Watch conducted extensive research and case studies to evaluate Israel’s treatment of Palestinians. Their April 2021 report concluded that Israeli authorities were committing the crime of apartheid against Palestinians based on government policies and grave abuses in the occupied territory. The report focused on five main systematic abuses:

4. Restrictions on movement: Palestinians face sweeping restrictions on movement through the Gaza closure and a permit regime in the West Bank.
5. Land confiscation: Israeli authorities have confiscated more than a third of the land in the West Bank, limiting Palestinian access and control.
6. Forcible transfer: Harsh conditions and demolitions in parts of the West Bank have forced Palestinians out of their homes, constituting forcible transfer.
7. Denial of residency rights: Hundreds of thousands of Palestinians and their relatives have been denied residency rights.
8. Suspension of civil rights: Millions of Palestinians living under military rule experience the suspension of basic civil rights.

Israeli Policies and Practices

To understand the allegations of apartheid, it is crucial to examine Israeli policies and practices that have contributed to the ongoing conflict.

Demographic Goals

The Israeli government has expressed a commitment to maintaining a solid Jewish majority in areas under its control. The Netanyahu government identified the Jewish people’s exclusive and indisputable right to all areas of the Land of Israel, including the West Bank. Policies have been implemented to mitigate what Israeli authorities describe as a “demographic threat.” For example, Palestinians from the West Bank and Gaza who marry Israeli citizens or residents face significant barriers to obtaining long-term legal status inside Israel. In contrast, Jewish citizens of other countries can move to Israel and gain automatic citizenship.

Two-Tiered Legal System

Critics argue that Israeli authorities maintain a two-tiered legal system, granting privileges to Jewish Israelis while repressing Palestinians. This disparity is most severe in the occupied territory, where Israel imposes harsh military rule on Palestinians while affording Jewish Israelis full rights under Israeli civil law. Palestinians in the West Bank and Gaza face numerous checkpoints and obstacles, turning simple commutes into arduous journeys. The different-colored identity cards and passports issued to Palestinians and Jewish Israeli settlers further highlight the unequal treatment.

Settlement Expansion and Home Demolitions

Israeli settlements in the West Bank, considered illegal under international law, continue to expand. Simultaneously, Palestinian homes and structures lacking building permits are frequently demolished, while obtaining such permits is often nearly impossible for Palestinians. Between 2016 and 2018, Israeli authorities issued 100 times more demolition orders than building permits for Palestinians living in the West Bank.

The Impact of Apartheid Allegations

The allegations of apartheid against Israel have significant implications for the ongoing Israeli-Palestinian conflict and the international community’s response.

Accountability and Responsibility

Those responsible for committing crimes against humanity, including apartheid, should be held accountable. Human Rights Watch and other international organizations emphasize the need for foreign governments and businesses to end complicity in these grave abuses. The path to resolving the crisis in Israel and Palestine requires an accurate diagnosis of the situation, acknowledging the decades of Israeli repressive rule over Palestinians.

International Recognition

The allegations of apartheid are gaining traction within the international community. Major Israeli, Palestinian, and international human rights groups, as well as the U.N. special rapporteur for the occupied Palestinian territory, have affirmed that Israeli authorities are committing apartheid against Palestinians. The denial of fundamental rights to millions of Palestinians solely based on their ethnicity is a violation of international law.

Last Say

The question of whether Israel’s treatment of Palestinians rises to the level of apartheid is a contentious and complex issue. While some prominent figures and human rights organizations have raised concerns and presented evidence supporting the allegations, it is crucial to acknowledge differing views on the matter. The ongoing Israeli-Palestinian conflict requires a comprehensive and nuanced approach, focusing on dialogue, respect for human rights, and a commitment to finding a just and lasting solution for all parties involved.