Occupation, Colonialism, Apartheid? South Africa Study of Israeli
Practices
In summary, this study finds
that Jewish and Palestinian identities function as racial identities in
the sense provided by ICERD, the Apartheid Convention, and the
jurisprudence of the International Criminal Tribunals for Rwanda and
the former Yugoslavia. Israel’s status as a ‘Jewish State’ is inscribed
in its Basic Law and it has developed legal and institutional
mechanisms by which the State seeks to ensure its endurin Jewish
character. These laws and institutions are channelled into the OPT to
convey privileges to Jewish settlers and disadvantage Palestinians on
the basis of their respective group identities. This domination is
associated principally with transferring control over land in the OPT
to exclusively Jewish use, thus also altering the demographic status of
the territory. This discriminatory treatment cannot be explained or
excused on grounds of citizenship, both because it goes beyond what is
permitted by ICERD and because certain provisions in Israeli civil and
military law provide that Jews present in the OPT who are not citizens
of Israel also enjoy privileges conferred on Jewish-Israeli citizens in
the OPT by virtue of being Jews. Consequently, this study finds that
the State of Israel exercises control in the OPT with the purpose of
maintaining a system of domination by Jews over Palestinians and that
this system constitutes a breach of the prohibition of apartheid.
Occupation, Colonialism,
Apartheid?
A re-assessment of Israel’s practices in the occupied Palestinian
territories under international law
A study by the Middle East Project of
the Human Sciences Research Council of South Africa