Defining Apartheid: Israel's Record
Compiled by Uri Strauss, LAW/Al-Haq/EI, 19 September
2002
The following document was compiled by Uri Strauss* for
the Electronic Intifada, from a UN document and from a report by Palestinian
human rights organisations LAW. The document presents the
internationally-accepted definition of 'Apartheid' alongside relevant examples
of Israel's human rights record in the occupied territories.
The definition of apartheid is taken from the International Convention on the
Suppression and Punishment of the Crime of Apartheid, ratified by United Nations
General Assembly resolution 3068 (XXVIII) of 30 November 1973 [http://www.unhchr.ch/html/menu3/b/11.htm].
Israel's human rights record appears in the form of excerpts from Israel's Brand
of Apartheid: The Nakba Continues, a report by LAW [http://www.lawsociety.org/Apartheid/dibook.html].
From the Convention:
"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:
...Article II(a)(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" Article II(a)(iii): "By
arbitrary arrest and illegal imprisonment of the members of a racial group or
groups"
From Israel's record:
"In the Occupied Palestinian Territories, cruel methods are employed to
'exhaust' the communities, exploit and subjugate them, make life so unbearable
that Palestinians will leave or communities be destroyed, including evidence of
ethnic cleansing methods, and evidence of intention to destroy the population at
least in part (i.e. genocide)."
"(Israel practices) mass arbitrary arrests, systematic ill treatment and
return to torture methods prohibited by the 1999 Israeli High Court
decision."
From the Convention, 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"
From Israel's record:
"In the Occupied Palestinian Territories, cruel methods are employed to
'exhaust' the communities, exploit and subjugate them, make life so unbearable
that Palestinians will leave or communities be destroyed, including evidence of
ethnic cleansing methods, and evidence of intention to destroy the population at
least in part (i.e. genocide)."
"(Israel practices) strangulation of the Palestinian economy with forced
dependency upon the colonial Israeli State and Israeli economy (with no
independent Palestinian economy), border controls of imports and exports,
exploitation of natural resources, de-development of Palestinian industries and
businesses, violation of the full range of employment/workforce rights -
including through closures."
"(There are) Israeli policies and methods designed to impoverish the
Palestinians (more than 1 million under poverty line) and strangulate their
economy; through movement restrictions denying or hindering access to
humanitarian aid and assistance, food and water, medical supplies and aid,
hospitals, work and education. Concerns as to starvation in some areas; illegal
control and exploitation of Palestinian natural resources (including water) and
tourism. Women and children have been particularly affected by lack of access to
humanitarian aid, including prevention of access to pre natal, and post natal
care; and access to immunisation/health services for children."
"(Israel conducts) military attacks on civilians, including those amounting
to grave breaches of the Fourth Geneva Convention (namely war crimes) and
systematic gross violations of human rights and humanitarian law. Evidence of
systematic ethnic cleansing methods and the intention to destroy at least in
part the population (i.e. genocide). Heavy weaponry normally used in full combat
warfare is being used against a Palestinian civilian population in situations
where there is no military or security need (including civilians in homes,
schools, workplaces, hospitals, field clinics, ambulances). A disproportionate
number of women and children have been killed and injured, as have
clearly-marked medical personnel, human rights defenders and journalists have
also been attacked. Crimes perpetrated by Israelis against Palestinians are
usually inadequately investigated or prosecuted, and there is a bias in
sentencing of Palestinians. Military courts apply the 'justice' in the OPTs and
do not comply with fair trial standards."
"(There is) virtual impunity for those who commit crimes, with failure to
investigate or properly and impartially investigate or prosecute those Israelis
committing crimes against Palestinians; denial of any remedy for the victims
including denial of compensation; bias in sentencing of Palestinians. Israeli
courts and laws are applied to Israeli citizens whilst military orders and
military courts, which fail to reach fair trial standards, apply to Palestinians
inside the Occupied Palestinian Territories."
"(There is) ongoing dispossession and destruction of Palestinian land,
agriculture, homes (continuous land expropriation and home demolitions to make
way for settlements and as a form of collective punishment), denial of residency
rights, and erosion of sense of separate identity."
"(There is a) war of attrition on civilians, including: . Restrictions on
movement with besiegement and now imprisonment of communities, .
Deliberately-induced humanitarian crisis; . Military attacks against
civilians"
From the Convention, 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"
From Israel's record:
"Inside Israel, the State of Israel has maintained a policy of continually
establishing new settlements for Jews only that also serve to isolate and cut
off Palestinian communities. In addition, there have been massive restrictions
on Palestinian construction and minimal investment in Palestinian
infrastructure." (Right to freedom of movement and residence)
"Methods have been designed to obliterate the separate Palestinian identity
and replace it with that of another group - a Jewish Israeli identity. These
methods have also involved the displacement/forced exile and attempts to 'clear
out' Palestinians, or remove them from their homeland." (Right to a
nationality; right to freedom of movement and residence)
"Since the illegal annexation by Israel in 1967, all Israeli successive
governments have made great efforts to reduce significantly the number of
Palestinians residing in East Jerusalem, to assure Israeli sovereignty, a Jewish
majority. Those efforts include restrictions on Palestinian construction in the
Eastern part of the city, restrictive planning and zoning restrictions (as part
of a building restriction), a rigid policy on family unification, and minimal
investment in infrastructure. Furthermore, a 'centre of life' policy has aimed
at depriving Palestinians of residency rights. Palestinians are issued annual
permits. If a person has been out of Jerusalem overseas for more than 7 years
for whatever reason (including their forcible deportation) or moves from
Jerusalem to another part of the West Bank for any reason they lose their
residency rights and social benefits (and accordingly lose their right to live
in Jerusalem forever). In addition the municipality tax system has led to the
dispossession and loss of Palestinian houses and businesses for those who cannot
pay, with Palestinians receiving only a small percentage of their tax money back
in services. Unlike the rest of the Occupied Territories, Israeli laws apply to
East Jerusalem" (Right to freedom of movement and residence)
"Since 1967, Israel has been responsible for establishing, financing and
protecting illegal Jewish colonies (settlements) in the West Bank and Gaza.
Initially the program of creeping illegal annexation was pursued by means of
requisitioning and Israel justified occupation of Palestinian land on security
grounds. Settlements have expanded considerably since the start of the Oslo
peace process, and have continued to expand since the start of the Second
Intifada. Israel has built in the Occupied Territories a vast road system, which
by-passes Palestinian population centres and enables Colonial 'settlers' and
military forces protecting them to move freely and speedily, as opposed to
Palestinians, through the West Bank. To achieve this, 160,000 dunums of land
were requisitioned, much of it under cultivation by Palestinian farmers.
Moreover, Palestinian homes continue to be demolished without compensation for
the purpose of constructing this network of bypass roads. These roads prevent
the expansion of Palestinian villages and undermine the economic development of
Palestinians by restricting Palestinian movement and impeding the flow of
commerce and workers from one Palestinian area to another." (Right to
freedom of movement and residence)
"93% of the land within Israel was designated State land and through
practical policies Palestinians are denied access to this land, which is for the
exclusive access and use of Jewish Israelis. Access to the remaining 7% in
private ownership is shared by both Palestinians and Jewish residents of Israel,
so that Palestinians as 20% of the population in Israel have access to less than
7% of the land. The result of this is confining Palestinians into restricted,
deliberately under-developed enclaves with reduced access to necessary
resources, services and facilities. Israel has no laws to prevent discrimination
in issues of land ownership, leasing, and residency issues. Israel's use of
quasi-governmental agencies and zoning or planning laws continue to confine
Palestinians and particular areas and prevent natural growth. 34% of East
Jerusalem is expropriated for 'public use' - and most of that is used for
settlement construction. In occupied East Jerusalem (66%) is not accessible for
Palestinians because of Israeli zoning, planning and building restrictions (for
e.g. 40% is zoned 'Green area')" (Right to freedom of movement and
residence)
"since 1967 the Israeli colonising/occupying power has expropriated about
79% of the West Bank and Gaza Territories. Of these areas, about 44% was taken
for so-called "military" purposes, 20% for "security
reasons", 12% for "public use", and 12% because the owners were
forced "absentees". Likewise Palestinians have been confined to
Bantustan-style enclaves, again with reduced access to necessary resources
(including water supplies), services and facilities." (Right to freedom of
movement and residence)
"Communities and immediate families, such as parents and children, or
spouses are brutally cut off from each other." (Right to freedom of
movement and residence)
"Since 1948, Palestinian communities inside Israel have been cut off from
wider Arab communities in neighbouring Arab States." (Right to freedom of
movement and residence)
"Since 1967, with the illegal occupation of the West Bank (including East
Jerusalem) and Gaza, families inside East Jerusalem have been cut off from their
families inside the rest of the West Bank and Gaza, including members of their
immediate family. Some have been only allowed through Israeli permits to visit,
but it is prohibited to move there. Since this date communities inside the
Occupied Palestinian Territories, other than Jerusalemites, have been cut off
from family inside Israel. In most cases these cut off individuals have been
denied their rights of reunification with their family members." (Right to
freedom of movement and residence)
"From 1989, residents in Gaza have been cut off from the West Bank
(including East Jerusalem), and to outside neighbouring countries. Since 1993,
those within the West Bank have been forbidden to access those in Gaza, inside
Jerusalem, or Israel. Curfews, partial and total closures have been used on an
ad hoc basis since this period." (Right to freedom of movement and
residence)
"Since 1995, with the Oslo Interim Agreement Palestinian areas within the
West Bank and Gaza have been splintered further and made discontiguous. The
demographic engineering has intensified with increasing numbers of checkpoints
and strategically placed settlements controlling passage of residents internally
inside the West Bank, and inside Gaza. Settlements and by-pass roads have been
strategically placed to isolate, encircle and cut off communities - dividing the
West Bank and Gaza into tiny areas and creating 'cantons'." (Right to
freedom of movement and residence)
"Since 1996, those seeking to move to other parts of the West Bank from
Jerusalem, including to be unified with their families have had their residency
rights revoked. Palestinian women born in Jerusalem are not entitled to pass on
their residency rights to their children." (Right to freedom of movement
and residence)
"Since September 2000, the restrictions on movement and access of
Palestinian civilian populations has intensified further with longer and more
comprehensive total closures on movement including from village to village and
village to city. Israelis, including Jewish Israelis, are often being denied
access into the West Bank and routinely denied access into Gaza." (Right to
freedom of movement and residence)
"Since March 2001, a number of trenches have been dug into main roads
cutting off all movement for villagers to any other areas, including urban
centres upon which they rely for work, education, humanitarian aid and
assistance including medicines, field clinics and hospitals, and crucial
supplies including food and water supplies. The use of trenches instead of
checkpoints in certain points prevents civilians from negotiating passage with
soldiers or settlers including for humanitarian reasons." (Right to freedom
of movement and residence)
"Since June 2001, further trenches have been installed and gates are
starting to be erected closing off villages and cities with keys held by the
Israeli military." (Right to freedom of movement and residence)
"(Israel practices) restrictions on movement/imprisonment including
closures, besiegement and curfews and, more recently, imprisonment through the
use of trenches and iron gates with keys held by Israeli soldiers" (Right
to freedom of movement and residence)
"(Palestinians face) deliberately -induced humanitarian crisis, with
impoverishment of the Palestinian civilians and starvation policies: Israeli
policies and methods designed to impoverish the Palestinians (more than 1
million under poverty line) and strangulate their economy; through movement
restrictions denying or hindering access to humanitarian aid and assistance,
food and water, medical supplies and aid, hospitals, work and education."
(Right to freedom of movement and residence)
"Palestinians political participation inside Israel is expressly
conditional upon the acceptance of the Jewish Exclusivity of the State. These
preconditions are expressed explicitly in the 1992 Law of Political Party, and
in particular, the amendment of Section 7A(1) of the Basic law: the Knesset,
which prevents candidates from participation if their platform suggests
""expressly or by implication,... (1) denial of the existence of the
State of Israel as the State of the Jewish people" (Prevention of full
participation in political life)
"A basic method used by Israel to racially discriminate against
Palestinians inside Israel in the allocation of resources and governmental
benefits is by making these rights conditional upon performing a military
service. Under law, military service is compulsory for all its citizens and
permanent residents. Muslim and Christian Palestinians are exempted
automatically as a group according to the discretion given by law to the
Minister of Defense. Druze men are called to serve because the exemption of
Palestinians did not include the Druze. This is part of Israel's policy to
divide the Palestinians into religious minorities. Orthodox Jews have to apply
for individual exemption, for which there are rules that guide this process,
which are also under Minister's discretion." (Prevention of full
participation in economic life)
"Palestinians inside Israel and the Occupied Palestinian Territories suffer
from discrimination in every aspect of resource allocation, including in the
allocation of the financial budget for Palestinians inside Israel, to resources
(water, electricity, municipal funding for services; etc)." (Prevention of
full participation in economic life)
From the Convention, Article II(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"
From Israel's record:
"Inside Israel, the State of Israel has maintained a policy of continually
establishing new settlements for Jews only that also serve to isolate and cut
off Palestinian communities".
"(There has been) dispossession and loss to Palestinians: of their land,
homes and sense of separate identity. Displacement and 'clearing out' of
Palestinian communities. Land expropriations/destruction, destruction of crops
and agricultural land, and home demolitions have continued since 1948 to date
inside Israel and the Occupied Palestinian Territories. Methods have been
designed to obliterate the separate Palestinian identity and replace it with
that of another group - a Jewish Israeli identity. These methods have also
involved the displacement/forced exile and attempts to 'clear out' Palestinians,
or remove them from their homeland."
"Prior to 1948, the Jewish community in Palestine owned only 6-7% of the
land, whereas today, 93% of all land in Israel is under direct state control by
means of expropriation laws that were passed after the establishment of the
state for the specific purpose of expropriation, or facilitating expropriation
of land from Palestinians. The state land was, and is being, transferred to the
Jewish National Fund and to other quasi-governmental agencies which, by the
terms of their constitutions, can be used only by Jewish Israelis. The process
of land expropriation has continued within Israel and the Occupied Palestinian
Territories."
"Since the illegal annexation by Israel in 1967, all Israeli successive
governments have made great efforts to reduce significantly the number of
Palestinians residing in East Jerusalem, to assure Israeli sovereignty, a Jewish
majority. Those efforts include restrictions on Palestinian construction in the
Eastern part of the city, restrictive planning and zoning restrictions (as part
of a building restriction), a rigid policy on family unification, and minimal
investment in infrastructure. Furthermore, a 'centre of life' policy has aimed
at depriving Palestinians of residency rights. Palestinians are issued annual
permits. If a person has been out of Jerusalem overseas for more than 7 years
for whatever reason (including their forcible deportation) or moves from
Jerusalem to another part of the West Bank for any reason they lose their
residency rights and social benefits (and accordingly lose their right to live
in Jerusalem forever). In addition the municipality tax system has led to the
dispossession and loss of Palestinian houses and businesses for those who cannot
pay, with Palestinians receiving only a small percentage of their tax money back
in services. Unlike the rest of the Occupied Territories, Israeli laws apply to
East Jerusalem."
"Since 1967, Israel has been responsible for establishing, financing and
protecting illegal Jewish colonies (settlements) in the West Bank and Gaza.
Initially the program of creeping illegal annexation was pursued by means of
requisitioning and Israel justified occupation of Palestinian land on security
grounds. Settlements have expanded considerably since the start of the Oslo
peace process, and have continued to expand since the start of the Second
Intifada. Israel has built in the Occupied Territories a vast road system, which
by-passes Palestinian population centres and enables Colonial 'settlers' and
military forces protecting them to move freely and speedily, as opposed to
Palestinians, through the West Bank. To achieve this, 160,000 dunums of land
were requisitioned, much of it under cultivation by Palestinian farmers.
Moreover, Palestinian homes continue to be demolished without compensation for
the purpose of constructing this network of bypass roads. These roads prevent
the expansion of Palestinian villages and undermine the economic development of
Palestinians by restricting Palestinian movement and impeding the flow of
commerce and workers from one Palestinian area to another"
"93% of the land within Israel was designated State land and through
practical policies Palestinians are denied access to this land, which is for the
exclusive access and use of Jewish Israelis. Access to the remaining 7% in
private ownership is shared by both Palestinians and Jewish residents of Israel,
so that Palestinians as 20% of the population in Israel have access to less than
7% of the land. The result of this is confining Palestinians into restricted,
deliberately under-developed enclaves with reduced access to necessary
resources, services and facilities. Israel has no laws to prevent discrimination
in issues of land ownership, leasing, and residency issues. Israel's use of
quasi-governmental agencies and zoning or planning laws continue to confine
Palestinians and particular areas and prevent natural growth. 34% of East
Jerusalem is expropriated for 'public use' - and most of that is used for
settlement construction. In occupied East Jerusalem (66%) is not accessible for
Palestinians because of Israeli zoning, planning and building restrictions (for
e.g. 40% is zoned 'Green area')."
"Since 1967 the Israeli colonising/occupying power has expropriated about
79% of the West Bank and Gaza Territories. Of these areas, about 44% was taken
for so-called "military" purposes, 20% for "security
reasons", 12% for "public use", and 12% because the owners were
forced "absentees". Likewise Palestinians have been confined to
Bantustan-style enclaves, again with reduced access to necessary resources
(including water supplies), services and facilities"
"Inside Israel, marriage is regulated under the personal status religious
law, that effectively prohibits mixed marriages between Jews and non-Jews. The
State of Israel only recognizes mixed marriages which took place in other
countries. There is no law that allows civil marriages which would enable mixed
marriage ceremonies to be performed inside Israel."
*Uri Strauss is a doctoral candidate in the linguistics program at the
University of Massachusetts, Amherst, and a member of the Western Massachusetts
Palestine Action Coalition.