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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

STUDY GUIDE : International Law & Israel

Israeli Violations of International Law - (10) RACISM: One of the primary purposes that the European Zionist organizations had for starting the State of Israel was to create a Jewish State, where the Jewish people could find sanctuary, control things, and prosper. This understandably has led to the passage of laws which give special favor throughout Israeli society to the Jewish people over all other people, and especially the native Palestinian Arab people. But giving special favor to one group of people above all other groups based on a criteria like what religion they are is, by definition, a form of racism. And, even though the leaders of the Zionist organizations thought such a policy was absolutely necessary to protect the Jewish people, it is still racism - a philosophy and practice which inevitably leads to terrible injustice and conflict (as we have seen throughout the history of Zionism in Palestine), and which thus must be condemned and prevented no matter what .

ISRAELI VIOLATION: HISTORY & THEORY

The Jewish people have suffered greatly from world-wide anti-Semitism, which they define as hatred of the Jews (this definition is controversial because it does not include hatred of Semites which are not Jewish such as the Arab peoples). At the time of World War II, they suffered one of the worst calamaties to be suffered by a single people when the German Nazi Government systematically slaughtered over 6,000,000 Jews within a 6 year period.

Thus a large segment of European leadership of the Jewish people decided that the only protection that they could depend on was to create their own country in which they controlled everything and where they could help their own people without interference - thus they formed a movement called Zionism, to start the State of Israel.

But they started the State of Israel in an area (Palestine) where there was a large non-Jewish population already well established (Arab Muslims and Christians - who also happen to be Semitic).

Unfortunately, the Zionists did not feel that they had the option to start their country in a different area because of the spiritual and historic ties of the Jewish people to Palestine, and they did not trust any other people to help protect the Jews, so they then systematically planned how to start their country with the Jews dominating over all others in the country. Such a policy is a racist policy by definition:

INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (21 December 1965)
Article 1(1). In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

This definition was then updated in 2001 wherein the definition was broadened to include other criteria such as religion.

DECLARATION OF THE WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE (8 Sept. 2001)
Article 2. We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status;

This racist decision automatically then led to the creation of a legal system that discriminates in favor of Jewish people over all other people in the country (please see for more details the sections on Israeli law and Israeli military orders in use in the occupied Palestinian territories).

INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (21 December 1965)

Article 3. States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

Article 4. States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:

  • (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
  • (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
  • (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.

Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

  • (a) The right to equal treatment before the tribunals and all other organs administering justice;
  • (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
  • (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
  • (d) Other civil rights, in particular:
    • (i) The right to freedom of movement and residence within the border of the State;
    • (ii) The right to leave any country, including one's own, and to return to one's country;
    • (iii) The right to nationality;
    • (iv) The right to marriage and choice of spouse;
    • (v) The right to own property alone as well as in association with others;
    • (vi) The right to inherit;
    • (vii) The right to freedom of thought, conscience and religion;
    • (viii) The right to freedom of opinion and expression;
    • (ix) The right to freedom of peaceful assembly and association;
  • (e) Economic, social and cultural rights, in particular:
    • (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
    • (ii) The right to form and join trade unions;
    • (iii) The right to housing;
    • (iv) The right to public health, medical care, social security and social services;
    • (v) The right to education and training;
    • (vi) The right to equal participation in cultural activities;
  • (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.

Such a discriminatory system is a form of Apartheid as per the official definition of the UN (quoted below), which is also condemned by the international community in the International Convention Against Racism (see Article 3 above), as well as the international convention developed specifically against Apartheid, where it is labelled a "crime against humanity". Note the parallels between racist legal systems described in the above International Covenant against Racism of 1965, and the definition of Apartheid given in the International Covenant against Apartheid quoted below.

INTERNATIONAL COVENANT ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID (18 July 1976)

Article I

  • 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
  • 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.

Article II

  • For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
    • a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
      • i. By murder of members of a racial group or groups;
      • ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
      • iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
    • b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
    • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
    • d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
    • e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
    • f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.

Sadly, the Israeli legal discriminatory system matches the above definitions, and thus it is clear that the Israeli government has developed a racist Apartheid system.

And of course the Palestinian Arabs rebelled against such a system and the discrimination that it brought, and this then led to a deepening of the racist sentiments of the Zionist Israelis. Thus you find throughout Israeli writings very racist, derogatory references to Palestinian Arabs (such as cockroaches, desert rats, etc.)

And the Palestinians rebelled further, and you then have the escalation of violence and hatred that you now find dominating in the Middle East. But this is the result of the racist policies and actions of the Israeli government because you cannot ever expect human beings to willingly subject themselves to a inferior, subordinate position, especially in their own historic and spiritual homeland.

Thus the Israeli government has racist policies which they have implemented by developing an Apartheid society (see section on Apartheid).

 

ISRAELI VIOLATIONS OF INTERNATIONAL LAW

RELEVANT QUOTES FROM TEXT

    • International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965), Article 1(1). , Article 1(1):

      Article 1(1). In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

      Article 3. States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

      Article 4. States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:

      • (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
      • (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
      • (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.

      Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

      • (a) The right to equal treatment before the tribunals and all other organs administering justice;
      • (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
      • (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
      • (d) Other civil rights, in particular:
        • (i) The right to freedom of movement and residence within the border of the State;
        • (ii) The right to leave any country, including one's own, and to return to one's country;
        • (iii) The right to nationality;
        • (iv) The right to marriage and choice of spouse;
        • (v) The right to own property alone as well as in association with others;
        • (vi) The right to inherit;
        • (vii) The right to freedom of thought, conscience and religion;
        • (viii) The right to freedom of opinion and expression;
        • (ix) The right to freedom of peaceful assembly and association;
      • (e) Economic, social and cultural rights, in particular:
        • (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
        • (ii) The right to form and join trade unions;
        • (iii) The right to housing;
        • (iv) The right to public health, medical care, social security and social services;
        • (v) The right to education and training;
        • (vi) The right to equal participation in cultural activities;
      • (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
    • International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976), Articles 1 & 2:

      Article I

      • 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
      • 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.

      Article II

      • For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
        • a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
          • i. By murder of members of a racial group or groups;
          • ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
          • iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
        • b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
        • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
        • d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
        • e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
        • f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.
    • Declaration of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (8 Sept. 2001), Article 2:
      Article 2 . We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status;
REFERENCES


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