By Frances H. Remillard
Published March 6, 2010
Summary of a legal study by Human Sciences Research Center of South Africa.
Do Israel’s practices in occupied Palestinian territory, namely the West Bank, East Jerusalem and Gaza, amount to the crimes of colonialism and apartheid under international law? A summary of a legal study by HSRC of South Africa.
The Human Sciences Research Council of South Africa, in its efforts to eliminate and prevent the kind of suffering the South African and Namibian people suffered under apartheid, commissioned a legal study of the Israel-Palestine situation. “The aim of this project was to scrutinize the situation from the nonpartisan perspective of international law, rather than engage in political discourse and rhetoric.�?
This fifteen-month collaborative study set out to examine legally the question:
Do Israel’s practices in occupied Palestinian territory, namely the West Bank, East Jerusalem and Gaza, amount to the crimes of colonialism and apartheid under international law?
The study was comprehensive including discussion of pertinent international law and legal rulings, the legal status and laws governing historic Palestine from Ottoman times to present, Israeli law, discussion and rebuttal of Israel’s various legal arguments as to why international law does not apply, and a very detailed review of Israel’s practices weighed against this legal context and compared to similar practices carried out by the government of South Africa during apartheid.
To fully explore this issue, the evidence offered in the study was very broad including Israel’s practices within the state of Israel proper, Israel’s practices regarding Palestinian refugees, and Israel’s practices in occupied Palestinian territory; however, the legal question asked and conclusions drawn about apartheid were limited to Israel’s practices after 1967 when Israel occupied the West Bank, East Jerusalem, and the Gaza Strip.
Apartheid defined under international law
Apartheid is defined as an institutionalized form of racism in which states enact laws which function as the apparatus to commit inhuman acts 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.
Apartheid regimes rely on three “Pillars of Apartheid�? to maintain their domination
• Pillar 1: The state codifies into law a preferred identity, and then establishes adjunct laws that grant preferential legal status and material privileges to the preferred group on the basis of their identity while discriminating against the non-preferred group on the basis of the inferior status afforded them.
• Pillar 2: The state segregates the population into geographic areas based on their identity. The favored identity receives preferential access to land, water, other resources, and to government benefits and services while the non-preferred group is confined to ever shrinking non-contiguous besieged territorial enclaves.
• Pillar 3: The state establishes security laws and policies designed to suppress any opposition to the regime. The system of domination is reinforced through assassinations; administrative detention; torture; cruel, inhumane, or degrading treatment; and arbitrary arrest and imprisonment of the non-preferred group.an advisory opinion on the question of Israel’s practices in occupied Palestinian territory.
Full Study here : http://ifamericansknew.org/history/apartheid.html
Is Israel an Apartheid State? Rhetoric or Reality