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Detail - Israeli Discriminatory Laws & Military Orders are Apartheid


Goto Source for this Table - section of International Law Study Guide on Israeli apartheid, and the essays on Israeli internal discrimination, and oppression and exploitation in the occupied territories.


Here is a summary of the 6 parts of the apartheid definition as per the International Covenant on the Suppression and Punishment of the Crime of Apartheid (1976):

Here is how Israeli laws, military orders, practices and policies fit in each section of this definition:

SYSTEM OF LEGALIZED DISCRIMINATION WITHIN ISRAEL
  • (a) Massive violation of human rights and civil rights -- the most significant violation of human rights within Israel is the expropriation of Palestinian-owned lands to build mostly Jewish communities on, and then the denial of Palestininan's rights to live anywhere they wish in the land of Israel. In addition, the property of Palestinian Arabs who were not allowed back in the country following the end of fighting in 1948 (itself a violation of international law), was not protected, but there is not enough information as to how much was redistributed to Israeli citizens by the Custodian of Absentees' Property, and only a tiny number of property owners were compensated for their losses, or eventually allowed to re-enter the country. The most dramatic example of this is the struggle of 40 Bedouin villages in the Negev, which the Israel government has decided to zone out of existence, and then since the villagers have refused to leave, the government has cut many basic services to the villages such as electricity, sewer maintenance, etc. But this might fit more appropriately under part (d) in the definition of the crime of apartheid, which covers geographic isolation of the victim population.

    The State of Israel employed from 1948 to 1966 the Defense (Emergency) Regulations of 1945, which legalized a wide range of human rights violations such as imprisonment, deportation, property destruction, area closure, censorship, etc., all without trial or charges, and all on either an individual or massive scale, but there is not evidence that these measures were employed against Palestinian Arabs on a massive scale. But this might fit more appropriately under part (e) of the definition of apartheid, which covers inhumane suppression of rebellion against apartheid.

    There is significant evidence that Palestinian Arabs are denied equal access to many benefit programs in every area of Israeli society (finance, housing, employment, education, etc.), but this might fit more appropriately under part (c) of the definition of apartheid, which fits legalized systems of discrimination.

    There are some laws that inhibit freedom of speech and freedom of association, but again we do not find these occurring on a massive scale.

  • (b) Imposition of inhumane living conditions, such as poverty -- there is considerable evidence of Palestinian Arabs being forced to live a life of poverty in the State of Israel. This occurs first because Arabs are limited where they can live in the country, and then those areas are discriminated against in terms of government programs for community development, education, etc. The end result is that Arabs and their communities are amongst the poorest in Israel.
  • (c) Society-wide legalized discrimination in areas such as finance, housing, employment, education, as well as access to cultural events, etc. -- in Israel, there are a number of ways whereby discrimination against Arabs is institutionalized. The most important are the way military veteran benefits are issued mostly only to Jews because most Arabs are denied the right to serve in the Israeli military, and also that Jewish organizations are given special positions of influence throughout the government. Other important areas where Arabs are discriminated against are in terms of housing and community development programs, and in terms of citizenship and immigration laws. The most serious example of the latter is how Arab spouses who happen to be residents of the occupied territories are denied entrance into Israel, with a few exceptions who mostly are only awarded 3 month visas.
  • (d) Isolating the victim group geographically, such as in ghettoes, or "Bhantulands" (term used in South Africa) -- Palestinian-owned lands have been expropriated from Arab landowners on a massive scale. The Arabs are then restricted as to where they can lease land to live on (with a few exceptions). Even though the Israeli Supreme Court ruled in year 2000, and the Israeli Attorney General concured in 2005, that it was inappropriate for any Israeli government agency to discriminate in the leasing of land according to race, religion, etc., there has still not been any actual laws or regulations passed by either the Knesset or a government agency actually outlawing the practice, so that discrimination continues today, but in a much more careful manner. The end result is that Arabs are still mostly only allowed to live in either certain urban areas or certain rural areas, and those areas are discriminated against by government agencies in terms of anti-poverty programs, etc.
  • (e) Exploitation of labor, such as slavery or forced labor or discrimination in wages -- the only form of labor exploitation found in the State of Israel is wage discrimination.
  • (f) Inhumane suppression of rebellion against apartheid -- between 1948 and 1966, the Israeli government employed the Defense (Emergency) Regulations of 1945 to suppress rebellion. These regulations legalize human rights violations such as imprisonment, deportation, property destruction, area closure, censorship, all without trial or charges, and all on either an individual or massive scale. These regulations do allow limited right of appeal. But there is not evidence that these regulations were used on a massive scale, and they were also used against Zionist extremist such as Rabbi Kahan.
ISRAELI SYSTEMS OF DISCRIMINATION, OPPRESSION & EXPLOITATION IN THE OCCUPIED TERRITORIES
  • (a) Massive violation of human rights and civil rights -- the Israeli occupation is known for massive forms of human rights violations, often applied as forms of collective punishment (itself a violation of international law) against very understandable rebellion, such as expropriation of Palestinian lands (now taking more than 70% of the West Bank), building Israeli settlements on Palestinian-owned lands (now housing more than 400,000 Israeli citizens), a separation wall (displacing more than 250,000 Palestinians), in addition to a network of Israeli-use highways and Israeli military checkpoints that have now cut the West Bank in half and which isolate and cripple Palestinian society and economy. The land expropriations, settlements and wall have all been labelled illegal and violations of Palestinian human rights by the United Nations.

    In addition, the Israeli military continues to practice further collective punishment by destroying economic assets such as office buildings, the Gaza Sea Port, factories, olive tree groves, and schools, and essentials to every day life (especially in Gaza) such as destroying the electrical power plant, disrupting food supplies and medical services.

    The Israeli military also employs the Defense (Emergency) Regulations of 1945, which legalizes imprisonment, deportation, property destruction, area closures, censorship, etc., all without charges or trial (but with limited rights of appeal), and all on either an individual or massive scale.

    In addition, the Israeli military practices torture, rebel leader assassination, and random shooting of civilians including children (repeatedly reported by the UN and other human rights organizations), and arming Israeli settlers who do the same.

  • (b) Imposition of inhumane living conditions, such as poverty -- the Israeli military has crippled the Palestinian economy leading to severe poverty and unemployment both through surrounding them with Israeli controlled land and isolating them and inhibiting movement between them, and through a network of permit regulations by which it also strangles commerce often directly in service of the Israeli economy.

    In addition, the take-over of Palestinian lands has been strategically planned to include on the Israeli side the natural resources of the occupied territories (especially water and rich farmlands), which also has crippled the Palestinian economy contributing to the impoverished conditions of Palestinian communities.

  • (c) Society-wide legalized discrimination in areas such as finance, housing, employment, education, as well as access to cultural events, etc. -- the Israeli military has created a two-tier government, legal, economic system in the occupied territories. The system for the illegal Israeli settlements is democratic and tied into the government and economy of Israel itself. The system for the Palestinian communities is run by Israeli military committees and Israeli controlled civic adminstrations. This system for the Palestinian communities is not democratic and every aspect of the Palestinian economy and society are controlled by military permits which studies have shown are used to the detriment of the Palestinian society and economy often to the benefit of the Israeli economy. Obviously, this goes beyond discrimination into the realm of oppression and exploitation, but does involve discrimination because it favors one group over another, and is based in laws (which the Israelis call Military Orders and Proclamations).
  • (d) Isolating the victim group geographically, such as in ghettoes, or "Bhantulands" (term used in South Africa) -- the Israeli government has confiscated more than 70% of the lands in the West Bank in patterns which surround the Palestinian communities with Israeli controlled land, which they then use to strangle those communities both economically and socially. They build on those lands illegal Israeli settlements, walls, military reserves, wilderness preserves, a network of Israeli-use only highways, and the checkpoints which bisect the Palestinian roads further hampering movement between communities further crippling Palestinian commerce and society. This pattern has now cut the West Bank in half, and if the current trends of Israeli settlement expansion continue, the West Bank will soon be cut in 3 parts.

    The massive land expropriations, practice of collective punishment, the Israeli settlements and the wall have all been labeled violations of international law, and severe violations of the Palestinian rights of self-determination. The occupation itself has been determined to be a massive violation of Palestinian human rights.

  • (e) Exploitation of labor, such as slavery or forced labor or discrimination in wages -- the only form of labor exploitation in the occupied territories has been wage discrimination when Palestinians are employed vs. Jewish labor.
  • (f) Inhumane suppression of rebellion against apartheid -- in the occupied territories, the Israeli military employs the Defense (Emergency) Regulations of 1945, which legalize such inhumane practices as imprisonment, deportation, property destruction, area closures, censorship, etc., all without trial or charges, and all on either individual or massive scales.

    But the Israeli military has also used inhumane measures not covered in those regulations such as torture and rebel leader assassination, and forms of collective punishment, such as demolishing entire neighborhoods (Jenin, 2204) and expropriating 70% of the West Bank for Israeli use, building on that land Israeli settlements that now house more than 400,000 Israeli citizens, and building a massive separation barrier not on the border, but through Palestinian communities such that more 250,000 Palestinians are now displaced by it. All these have been named by the United Nations as violations of international law and the inalienable right of self-determination of the Palestinian people.

    Other serious measures of collective punishment have been interfering with food supplies and medical services, destroying the electical supply (especially in Gaza) and government buildings, and economic assets such as the sea port, airport, office buildings, olive groves, and urban infrastructure such as bridges, curbs, walls, etc., and confiscating natural resources such as water supplies and the most fertile farmlands (including almost the entire Jordan Valley on the eastern side of the West Bank away from Israel).


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Goto Source for this Table - section of International Law Study Guide on Israeli apartheid, and the essays on Israeli internal discrimination, and oppression and exploitation in the occupied territories.

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(c) Israel Law Resource Center, February, 2007.

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