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- * INTRODUCTION - The term Apartheid has come to be accepted officially in international law to refer to the systematic governing structure and methods created and used by one government or group of people for the purposes of oppressing and exploiting another group of people who live in the same country or area and are differentiated from the ruling group by some kind of racial criteria (color, ethnicity, etc.), and to suppress their rebellion against this.
The official international law for identifying and guiding the suppression and punishment of apartheid is called the "International Covenant on the Suppression and Punishment of the Crime of Apartheid" of 1976. This law identifies apartheid as "a crime against humanity":
- 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.
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This law defines the crime of apartheid according to a criteria of 6 types of crimes:
- a. Massive violation of human rights for the purpose of oppression;
- b. Subjection to inhumane living conditions;
- c. Legalized discrimination throughout society;
- d. Segregating and isolating the victim group in separate areas (ghettoes or bhantulands);
- e. Labor exploitation such as forced labor or slavery;
- f. Persecution of rebellion against these measures of apartheid.
Here is the definition as given in the actual law:
- 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.
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The State of Israel has forms of discrimination which fits in every single of the 6 criteria defining the crime of apartheid. But it would be up to a Court of Justice to actually prosecute the crime based on examination of quantity and severity of the crimes practiced by Israel:
- Article V. Persons charged with the acts enumerated in article II of the present Convention may be tried by a competent tribunal of any State Party to the Convention which may acquire jurisdiction over the person of the accused or by an international penal tribunal having jurisdiction with respect to those States Parties which shall have accepted its jurisdiction.
- Article VI. The States Parties to the present Convention undertake to accept and carry out in accordance with the Charter of the United Nations the decisions taken by the Security Council aimed at the prevention, suppression and punishment of the crime of apartheid, and to co-operate in the implementation of decisions adopted by other competent organs of the United Nations with a view to achieving the purposes of the Convention.
- Article VIII. Any State Party to the present Convention may call upon any competent organ of the United Nations to take such action under the Charter of the United Nations as it considers appropriate for the prevention and suppression of the crime of apartheid.
- Article XII. Disputes between States Parties arising out of the interpretation, application or implementation of the present Convention which have not been settled by negotiation shall, at the request of the States parties to the dispute, be brought before the International Court of Justice, save where the parties to the dispute have agreed on some other form of settlement.
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Below is the outline of Israeli legalized discrimination in use in the State of Israel, and how it fits the official legal definition of the crime of apartheid:
- I. LIMITING DEMOCRATIC RIGHTS & EQUALITY:
- 2. Giving influential positions in government only to Jewish organizations giving Israeli Jews special advantages in many industries and government functions over other groups (more details about this).
This is a law-based bureaucratic structure actually set up in laws that define a wide range of Israeli government agencies. The end result was that Jewish organizations were given special representation in those government agencies which gave them unfair advantage in the decision-making of those agencies. This is an excellent example of point #C -
- Article II.
- 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;
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- 3. Inhibiting freedom of speech and freedom of association - Israel places some barriers to the full exercise of these rights (more details about this).
This is an example of civil rights being inhibited by certain laws (Amutot Law (1980) and 1985 9th Amendment to the Basic Law: The Knesset) in order to limit the participation of dissidents or minorities in the legislative process.
Thus this example also fits point #C in the legal definition of apartheid:
- Article II.
- 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;
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- II. LEGALIZED DISCRIMINATION BASED ON RELIGION:
- 1. Discriminatory Land Laws (Discriminatory Policies in Land Leasing, Development & Management, & Confiscating Private Lands) (more details about this).
These laws were used to take rural land from Palestinian Arab land owners, and then the laws mostly prohibited anyone but Jews from leasing those lands to live on them or cultivate them.
The end result of the practice of these laws by 2002 was that Palestinian Arabs owned less than 5% of the rural lands of Israel, when previously they were a majority owner. For example, as of 1948, the Zionists only possessed 6% of the rural lands of Israel. And in fact, before 2002, Arabs could not even dwell on those lands, and thus they were confined to living in the cities or on the 5% that was still owned by Arabs.
Finally, in 2002, the Israeli Supreme Court made discriminatory leasing by government agencies illegal.
This was an example of point #d in the legal definition of apartheid where the victim population ended up being confined to small areas outside the cities. Even though the 2002 ruling has made illegal the discriminatory leasing, the Arab landowners will not be given their lands back, they are now theoretically simply able to possibly lease them.
But this also might be an example of point #B because these Arab rural
communities are then also deprived of a wide range of government services thus making them the most impoverished areas in the State of Israel. For example they receive very few community development programs and special educational programs. One group of Arab villages have been actually zoned out of existence, and are thus referred to as "unrecognized villages", and thus have lost basic services such as electricity and sewer maintenance and upgrading. In addition, Arab neighborhoods in the cities and towns are also amongst the most impoverished in the nation.
- Article II.
- 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;
- 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;
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- 2. Discrimination in Immigration & Citizenship - citizenship is automatic for Jews, more difficult for Arabs, and Arabs who left the area during the 1948 fighting are not allowed back in the country, and their property is confiscated and redistributed. ID papers are required of all citizens, and they identify the carrier's religion and ethnicity, which leads to discrimination. Then as per 2003 law, Arab spouses who were residing in the occupied territories are not allowed to join their families in Israel, to help Jews maintain demographic majority in the country (more details about this).
The International Covenant on the Suppression and Punishment of the Crime of Apartheid (1976) says on this matter:
- 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:
- 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;
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- 3. Veteran's Benefits - Military Service (or a non-military substitute) are not equally available to most Arabs, and thus service benefits are awarded in a discriminatory manner as a result (more details about this).
This is another example point #C in the legal definition of apartheid, because it is a law-based pattern whereby most Arabs are not allowed to serve in the Israeli military, and thus are automatically deprived of the wide range of military veteran benefits that are awarded to veterans and their families.
In addition, no other alternative community service program is available to the Palestinian Arab population so that they may have an alternative way to earn those benefits.
- Article II.
- 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;
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- 4. Jewish Religious and Cultural Organizations & Events - Receive Preferential Treatment in Gov't Decision-Making and Budgetting vs. other groups (more details about this).
This is another example of point #C in the legal definition of apartheid, because in all sorts of laws passed by the Israeli legislature (the Knesset), Jewish cultural, religious and educational institutions and events and symbols are given special funding and special recognition and special advantage over all others. This reflects the Zionist goal of making Israel a Jewish State, but it is also a clear form of discrimination.
- Article II.
- 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;
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- 5. Racist Harrassment in Daily Life Without Adequate Police Response and Protection (more details about this).
Palestinian Arabs report that they recieve much racist abuse while walking the streets of Israel, visiting stores and restaurants or conducting business outside the Arab areas, and the Israeli police do little or nothing to protect them or put a stop to it.
This refers to spontaneous behavior of Israeli citizens which goes unpunished or unencumbered, rather than racist policies that are anchored in Israeli law. Thus it is probably an example of point #A in the legal definition of apartheid, because it definitely results in mental harm and sometimes physical harm, which is the intention of the aggressors, and then by extension, the police officers who refuse to stop it.
Arab workers also regularly recieve lower wages than their Jewish counterparts. This also is not based in the laws of Israel, but is the general practice of Israeli society. Thus it also might be an example of point #E referring to discriminatory exploitation of labor.
- Article II.
- 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;
- e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
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- III. INHUMANE SUPPRESSION OF REBELLION:
- 2. Limited Judicial Protection from inhumane judgments or actions of the Israeli military or government. (more details about this).
I am not sure if this fits in a particular criteria listed under in the legal definition of apartheid. It simply refers to how the Israeli Supreme Court normally supports the practice of discrimination throughout Israeli society, by the government, military, city police, businesses, civilians, etc.
There are a few exceptions to this (for example the 2002 ruling outlawing government discriminatory land leasing practices), but the overall pattern of the Supreme Court is to support these practices as part of the national goals of making Israel a Jewish State, and a democratic state that is still controlled by the Jewish parties and organizations.
- 3. Legalizing Human Rights Violations as per for example the Defense (Emergency) Regulations (1945) borrowed from the British Mandate Government, used in Israel upto 1966, and but in use in the Occupied Territories upto the present. These regulations empower the area commander to arbitrarily, and often without trial or charges (more details about this).
Overtly, these Emergency Regulations are used to suppress rebellion, which refers to point #F in the legal definition of apartheid. But there is a lot of evidence that they were also used to provoke and harass the native Palestinian Arab population (which would be point #A). This is especially true in the occupied territories where the Israeli military illegally practices collective punishment in response to Palestinian acts of rebellion, taking increasing amounts of Palestinian-owned lands, in order to surround and strangle Palestinian communities, and then they build Israeli settlements on them, which they claim are for defensive purposes, but which actually results in a form of de facto annexation, as they hook up those communities economically, legally and with infrastructure to Israel itself (which is also illegal as per international law).
The use of these regulations was discontinued within Israel in 1966, but they continue to be used in the occupied territories to this day.
- Declare An Organization Unlawful, and thus cancel its activities, and criminalize its membership (more details about this).
- Censure Media, such as Newspaper, TV, etc. (more details about this).
- Confine People To Their Homes or Area (more details about this).
- Imprisonment Without Trial or Charges (more details about this).
- Deportation Without Trial or Charges (more details about this).
- Home Or Property Demolition (more details about this).
- Area Closure - not allowing residents and visitors in or out (more details about this).
- Article II.
- 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;
- f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.
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