Israel and apartheid

A Palestinian child sitting on a roadblock at Al-Shuhada Street within the Old City of Hebron in the Israeli-occupied West Bank. Palestinians have nicknamed the street "Apartheid Street" because it is closed to Palestinian traffic and open only to Israeli settlers and tourists.[1]

Israel's policies and actions in its ongoing occupation and administration of the Palestinian territories have drawn accusations that it is committing the crime of apartheid. Leading Palestinian, Israeli and international human rights groups have said that the totality and severity of the human rights violations against the Palestinian population in the occupied territories, and by some in Israel proper, amount to the crime against humanity of apartheid. Israel and some of its Western allies have rejected the accusation, with Israel often labeling the charge antisemitic.[2][3]

Comparisons between Israel–Palestine and South African apartheid were prevalent in the mid-1990s and early 2000s.[4][5] Since the definition of apartheid as a crime in 2002 Rome Statute, attention has shifted to the question of international law.[6] In December 2019, the Committee on the Elimination of Racial Discrimination[7] announced commencing a review of the Palestinian complaint that Israel's policies in the West Bank amount to apartheid.[8] Soon afterward, two Israeli human rights NGOs, Yesh Din (July 2020), and B'Tselem (January 2021) issued separate reports that concluded, in the latter's words, that "the bar for labeling the Israeli regime as apartheid has been met."[9][10][11] In April 2021, Human Rights Watch became the first major international human rights body to say Israel had crossed the threshold.[11][12] It accused Israel of apartheid, and called for prosecution of Israeli officials under international law, calling for an International Criminal Court investigation. Amnesty International issued a report with similar findings on 1 February 2022.

The accusation that Israel is committing apartheid has been supported by United Nations investigators,[13] the African National Congress (ANC),[14] several human rights groups,[15][16] and many prominent Israeli political and cultural figures.[17][18] Those who support the accusations hold that certain laws explicitly or implicitly discriminate on the basis of creed or race, in effect privileging Jewish citizens and disadvantaging non-Jewish, and particularly Arab, citizens.[19] These include the Law of Return, the 2003 Citizenship and Entry into Israel Law, and many laws regarding security, land and planning, citizenship, political representation in the Knesset (legislature), education and culture. The Nation-State Law, enacted in 2018, was widely condemned in both Israel and internationally as discriminatory,[20] and has also been called an "apartheid law" by members of the Palestine Liberation Organization (PLO), opposition MPs, and other Arab and Jewish Israelis.[21][22] Israel and a number of Western governments and scholars, on the other hand, have rejected the charges or objected to the use of the word apartheid.[23][24] Some argue that the situation is not comparable to apartheid in South Africa, that Israel's policies are primarily driven by security considerations,[25][26] and that the accusation is factually and morally inaccurate and intended to delegitimize Israel.[27][25][28][29]

  1. ^ "Hebron road renamed "Apartheid Street"". Ma'an News Agency. Hebron. Reuters. 2 November 2011. Archived from the original on 2 November 2011. Retrieved 8 January 2023.
  2. ^ Geddie, Eve (20 March 2024). "EU needs to acknowledge the reality of Israeli apartheid". Amnesty International. 12 Israeli human rights organizations have since expressed "grave concern" about attempts to associate Amnesty's report with antisemitism, and they have rejected the Commission's failure to recognize Israel's apartheid. These organizations argue that weaponizing antisemitism to silence legitimate criticism actually undermines attempts to address rising antisemitism. Republished from Geddie, Eve (13 March 2023). "EU needs to understand the realities in the West Bank". Politico. Retrieved 19 April 2024. Eve Geddie was writing as the director of Amnesty International’s European Institutions Office.
  3. ^ Roth, Kenneth [@KenRoth] (29 February 2024). "This weaponizing of the charge of "antisemitism" to try to stop such perfectly legitimate and accurate criticism of Israel's apartheid in the Palestinian occupied territory is cheapening, and hence harming, the important fight against antisemitism" (Tweet) – via Twitter.
  4. ^ Peteet, Julie (2016). "The work of comparison: Israel/Palestine and apartheid". Anthropological Quarterly. 89 (1): 247–281. doi:10.1353/anq.2016.0015. JSTOR 43955521. S2CID 147128703.
  5. ^ Peteet, Julie (2017). Space and Mobility in Palestine. Indiana University Press. p. 63. ISBN 978-0-253-02511-1. Archived from the original on 20 January 2024. Retrieved 20 January 2024.
  6. ^ Baconi, Tareq (5 November 2021). "What Apartheid Means for Israel". The New York Review of Books. Archived from the original on 30 September 2022. Retrieved 20 January 2024.
  7. ^ Schuller, Kiera (13 December 2019). "UN Committee on the Elimination of Racial Discrimination publishes findings on Cambodia, Colombia, Ireland, Israel and Uzbekistan" (Press release). Geneva, Switzerland: United Nations Office of the High Commissioner for Human Rights. Archived from the original on 19 December 2019.
  8. ^ Times of Israel staff (24 December 2019). "Report: UN anti-racism panel to probe claims of Israeli apartheid in West Bank". The Times of Israel. Archived from the original on 29 May 2023. Retrieved 20 January 2024.
  9. ^ "A regime of Jewish supremacy from the Jordan River to the Mediterranean Sea: This is apartheid". B'Tselem. 12 January 2021. Archived from the original on 8 May 2021. Retrieved 12 January 2021. A regime that uses laws, practices and organized violence to cement the supremacy of one group over another is an apartheid regime. Israeli apartheid, which promotes the supremacy of Jews over Palestinians, was not born in one day or of a single speech. It is a process that has gradually grown more institutionalized and explicit, with mechanisms introduced over time in law and practice to promote Jewish supremacy. These accumulated measures, their pervasiveness in legislation and political practice, and the public and judicial support they receive – all form the basis for our conclusion that the bar for labeling the Israeli regime as apartheid has been met.
  10. ^ Sfard, Michael (9 July 2020), "The Occupation of the West Bank and the Crime of Apartheid: Legal Opinion" (PDF), Yesh Din, archived (PDF) from the original on 11 January 2024
  11. ^ a b Sfard, Michael (3 June 2021). "Why Israeli progressives have started to talk about 'apartheid'". The Guardian (Opinion). Archived from the original on 4 January 2024. Retrieved 20 January 2024.
  12. ^ Holmes, Oliver (27 April 2021). "Israel is committing the crime of apartheid, rights group says". The Guardian. Archived from the original on 2 February 2022. Retrieved 20 January 2024.
  13. ^ White, Ben (18 March 2017). "UN report: Israel has established an 'apartheid regime'". Al Jazeera. Archived from the original on 24 March 2017.
  14. ^ Ahren, Raphael (15 May 2018). "South African leaders tell country's Jews to reject 'Nazi-like' Israel". The Times of Israel. Archived from the original on 23 December 2019. Retrieved 23 May 2020. Tuesday's lengthy ANC statement accused Israel of 'crude viciousness,' comparing it to South Africa's past apartheid regime.
  15. ^ Davis, Uri (2003). Apartheid Israel: possibilities for the struggle within. Zed Books. pp. 86–87. ISBN 1-84277-339-9.
  16. ^ Shimoni, Gideon (1980). Jews and Zionism: The South African Experience 1910–1967. Cape Town: Oxford UP. pp. 310–336. ISBN 0-19-570179-8.
  17. ^ Nichols, John (20 July 2023). "Why do Americans get attacked for saying what Israelis say about Israel?". The Nation. Archived from the original on 4 October 2023. Retrieved 20 January 2024.
  18. ^ Hasan, Mehdi (22 March 2017). "Top Israelis have warned of apartheid, so why the outrage at a UN report?". The Intercept. Archived from the original on 2 September 2019. Retrieved 20 January 2024.
  19. ^ Quigley, John B. (1990). Palestine and Israel: A Challenge to Justice. Duke University Press. pp. 145–150. ISBN 978-0-8223-1011-2. Archived from the original on 20 January 2024. Retrieved 20 January 2024.
  20. ^ "Israel verabschiedet Gesetz zu "jüdischem Nationalstaat"" [Israel passes law on “Jewish nation-state”]. Die Zeit (in German). Agence France-Presse. 19 July 2018. Archived from the original on 21 July 2018. Retrieved 20 January 2024.
  21. ^ Trew, Bel (19 July 2018). "Israel passes Jewish nation law branded 'racist' by critics". The Independent.
  22. ^ Rossi, Alex (20 July 2018). "Nation state bill moves Israel towards 'apartheid state'". Sky News. Archived from the original on 4 April 2023. Retrieved 20 January 2024.
  23. ^ Peteet (2016, p. 249) also argues that there is an Israeli narrative of exceptionalism which works to 'exempt' it from such comparisons.
  24. ^ Adam & Moodley 2005, pp. 19ff., 59ff..
  25. ^ a b Sabel, Robbie (2009), The campaign to delegitimize Israel with the false charge of apartheid (PDF), Jerusalem: Jerusalem Center for Public Affairs, ISBN 978-965-218-073-5, archived (PDF) from the original on 24 February 2023
  26. ^ Zilbershats, Yaffa (1 August 2013). "Apartheid, international law, and the occupied Palestinian territory: A reply to John Dugard and John Reynolds". European Journal of International Law. 24 (3): 915–928. doi:10.1093/ejil/cht043. ISSN 0938-5428.
  27. ^ Dershowitz, Alan (29 September 2008). The case against Israel's enemies: Exposing Jimmy Carter and others who stand in the way of peace. John Wiley & Sons. pp. 20–25, 28–29, 36, 44–48. ISBN 978-0-470-37992-9. Archived from the original on 4 April 2023. Retrieved 20 January 2024.
  28. ^ Matas, David (2005). Aftershock: Anti-Zionism & Anti-Semitism (in Italian). Toronto: Dundurn Press. pp. 53–55. ISBN 978-1-55002-894-2. Retrieved 19 April 2024.
  29. ^ Klein, Zvika (28 February 2022). "France's Macron comes out against claims of Israeli apartheid". The Jerusalem Post. Archived from the original on 11 January 2024. Retrieved 20 January 2024.

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