Israel's Occupation,
Colonialism & Apartheid
Re-framing the Quest for
Accountability to
International Law
BADIL
Resource Center for
Palestinian Residency and Refugee Rights
December 2009
62 Years of Israeli Domination
43 Years of Israeli Occupation
What consequences
for the Palestinian people*?
* Those in the OPT, citizens of Israel and refugees in exile
2
Demographic composition
of the country is changed
through population transfer
(settler implantation and ethnic cleansing)
1947 (Mandate Palestine)
65% Pal-Arab, 33% Jewish (up from 8% in early 20th century)
2008 (Israel + OPT)
55% Jewish, 45% Pal-Arab
15% of population/West Bank are Jewish settlers
67% (7.1 mil.) of Palestinians refugees or IDPs
Land ownership/use
is reversed
through unlawful taking of
private & communal
property and annexation
1947 (Mandate Palestine)
90% Palestinian (private, communal)
7% Jewish (Zionist agencies, private)
2008 (Israel & OPT)
80% Israeli = Jewish (state, Zionist
agencies, private)
Up to 70% of Palestinian land in
occupied WB expropriated/use
restricted
4
Palestinian people
fragmented/segreated & oppressed
resulting in:




more violation of fundamental rights and
freedoms
denial of access to resources
onging forced displacement
denial of self-determination
in short – The Ongoing Nakba
The “ongoing Nakba” (catastrophe) is a term used by
Palestinians to describe their situation
since 1948, when more than 750,000 people were
forcibly displaced, their country taken, and
Palestinian civilization destroyed by Israel in the
initial Nakba of 1948
Israel – what Sort of Regime over the
Palestinian People?
Occupation?
a temporary measure that maintains law and order in a
territory following armed conflict - tolerated
Colonialism?
annexation or other unlawful taking of control over
territory thereby denying self-determination to
indigenous population - prohibited
Apartheid?
systematic racial discrimination & oppression for the
purpose of domination – prohibited
7
Israel – a regime of Occupation +
Colonialism + Apartheid
Expert Opinions
Israel in the OPT is “the regime of a colonizing power
under the guise of occupation which includes many
of the worst features of apartheid, such as the
fragmentation of the territory, a policy of mass
detention, and a system of separate roads and
permits ” (John Dugard, UN Special Rapporteur on Human Rights
in the OPT)
Committee for the Elimination of Racial Discrimination (2007): concern
about Israeli practices of segregation and apartheid (ICERD,
Article 3) on both sides of the “green line”
8
Defining Apartheid
Apartheid =
inhumane acts committed through
institutionalized discrimination by one
racial group over another
with the intention of maintaining
systematic oppression and domination
Rome Statute of the ICC; Convention against Apartheid of
1973.
4 Pillars of Israeli Apartheid
1.
2.
3.
4.
Laws & policies that institutionalize
privileged status of the dominant
racial group
Systematic fragmentation &
segregation of the subordinate group
Systematic population transfer
combined with de-nationalization
(statelessness) of refugees among the
subordinate group
Systematic oppression of resistance
of the subordinate group
Occupation, Colonialism & Apartheid:
What are the Legal Consequences?
for Israel
1.
2.
3.
Israel’s entire regime is unlawful- in breach of
prohibition on colonialism & apartheid (1967 OPT)
and apartheid (at least) inside the “green line”.
Israel has the primary obligation to end the
unlawful regime and provide remedies and
reparation to the victims.
Israel has the primary obligation to investigate,
prosecute and punish individuals responsible or
implicated in international crimes (e.g. war crimes,
crimes against humanity, the crime of apartheid)
(IHL, 1973 Anti-Apartheid Convention, Rome
Statute/ICC)
Occupation, Colonialism & Apartheid:
What are the Legal Consequences?
for other States & Inter-governmental Organizations:
1.
2.
3.
to not render aid or assistance, abstain from
cooperation
to condemn & suppress the crime and punish
those responsible/complicit (universal jurisdiction)
to protect the rights of Palestinian people (selfdetermination, reparations)
Palestinian authorities have a legal duty
Global civil society has a moral obligation to support
Towards Israeli Accountability (1)
Independent UN experts recommend:
1. UN (SG) to withdraw from Quartet (SR Dugard)
2. “wider international community” to protect the rights
of the Palestinian people due to UN failure (SR Dugard)
3. UNGA to seek 2nd ICJ opinion on “the legal
consequences of Israel's protracted regime of
occupation which includes elements of colonialism and
apartheid” (Prof. John Dugard, A/HRC/4/17 of 29 Jan. 2007)
4. for the parties to investigate & prosecute war crimes
and crimes against humanity during “Operation Cast
Lead” & make reparation;
- if not: referral to UNSC, ICC and domestic courts;
- UN to set up compensation fund
- Switzerland to convene conference of states, party to
Geneva IV (UN FFM/Goldstone Report)
Towards Israeli Accountability (2)
Action taken by states & intergov. orgs




UNGA adopted 2004 ICJ opinion (Israel to dismantle
Wall & make full reparation; states/UN to consider
further action) - set up UNRoD – no further UN
action
EU, UK tightened control of import of Israeli goods
from OPT; Brazil refrained from trade agreement
with Israel; a.o.
UNGA adopted Goldstone Report – parties to
investigate & prosecute – SG to assess
Swiss agreed to convene conference/Geneva IV
A Global Agenda for Accountablity (1)
(civil society)
Study & Expose the Facts, Raise Awareness:

Israel’s regime of occupation, colonialism &
apartheid = root cause of oppression, dispossession,
displacement & conflict

Israel’s IHL and HR violations are systemic and
widespread over time (not just result of armed
conflict)
A Global Agenda for Accountablity (2)
(civil society)
Pressure Israel, states & UN to meet obligations
 Join the Campaign for Boycott, Divestment &
Sanctions (BDS)
 Pressure for full implementation of Goldstone
recommendations (PA/PLO, Israel, states/UN)
 Support universal jurisdiction efforts in courts
abroad
 Advocate for 2nd ICJ advisory opinion on Israel’s
regime/OPT
A Global Agenda for Accountablity (3)
(civil society)
Protect & promote the rights of the Palestinian people
 self-determination
 reparation, including return/restitution, compensation
Resist fragmentation, isolation and oppression
 Build programs, networks & campaigns across the
divides
 Re-build Palestinian mechanisms of political
representation
 Support “Sumoud” of vulnerable groups & victims