Rethinking Our Definition of Apartheid: Not Just a Political Regime (original) (raw)
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‘Apartheid’. A word which, in Afrikaans, literally means ‘separateness’ or ‘separate development.’ Historically speaking though, it summarizes the series of discriminatory policies enforced by the National Party (NP) of South Africa in the latter half of the twentieth century. Yet, the word itself is not simply another convenient political label for a set of discriminatory laws. With respect to its most common understanding, it is an emotionally charged term which invokes memories of some of the cruelest treatment of men, women, and children in history. Yes, apartheid has certainly outgrown its literal translation and taken on a connotation of pain and embarrassment. Officially, apartheid has been defined as any inhumane act “committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.” For the purposes of toppling the repressive regime and extending universal suffrage to all citizens of South Africa, this definition was more than sufficient. But after it had accomplished this purpose, there was no effort to develop the law further, leaving it vague and largely useless to combat potentially similar cases of discrimination in other states. From the 1980’s onward, there have been many academics, institutions, and organizations from all over the world who suggest that the Israeli occupation of Palestine is one such example of modern-day apartheid which warrants international legal action. However, thus far, there has been virtually no attempt to use international law to bring about the end of these alleged crimes. This causes one to wonder, if the evidence suggests that the occupation of Palestine indeed constitutes apartheid as it is defined by the Rome Statute and other international legal instruments, then why has the international community failed to take legal action? Could it be that, contrary to the majority opinion of the academic sphere, the case against Israel is simply too weak to justify such measures? This paper will attempt to answer this question in four parts. In the first section, I will analyze the historical evolution of apartheid both as a regime and an international crime. In the second and third, I will assess the arguments for and against the applicability of existing international human rights and criminal law to the Israel’s occupation of the West Bank and Gaza Strip. Finally, in the fourth section, I submit that although Israel’s occupation of Palestine, under the current language of international law, may not amount to apartheid, there does exist another, less controversial answer to the Israeli-Palestinian problem; one which utilizes the international right to self-determination.
Apartheid and International Law in Palestine
Nada Kiswanson & Susan Power (eds.), Prolonged Occupation and International Law, 2023
In this chapter I conceptualise and contextualise Israel's apartheid system as a core feature of settler-colonial rule in Palestine since the Naqba and – more recently – as an increasingly central focus of international legal analysis of the Palestinian reality. The chapter begins by situating Israeli apartheid within Zionism’s colonial project in Palestine, and by highlighting the longstanding Palestinian intellectual and activist traditions which have provided the foundations for now-widespread understandings of the apartheid nature of Israel’s regimes of oppression and exclusion of the Palestinians. I trace the vital role that Palestinian lawyers and rights organisations played from the 1980s in developing extensive legal analyses of Israeli apartheid, which western liberal human rights organisations have lately endorsed and elaborated. The chapter then fleshes out some of the key legal and material characteristics of Israel’s apartheid regime as not just a racially discriminatory regime but a colonial-apartheid regime. With that in mind I consider the tactical possibilities and pitfalls for movements seeking to mobilise international law to end apartheid, with reference to the definitions and prohibitions of apartheid that exist across a number of branches of international law.
Apartheid, International Law, and the Occupied Palestinian Territory
(2013) 24:3 European Journal of International Law 867-913, 2013
Apartheid is a loaded term; saturated with history and emotion. It conjures up images and memories of discrimination, oppression, and brutality; indulgence, privilege, and pretension; racism, resistance, and, ultimately, emancipation. All of which come to us through the history of apartheid in South Africa. Although prohibited and criminalised by international law in response to the situation in southern Africa, the concept of apartheid was never given enormous attention by international lawyers. Following an awakening of interest in the international legal prohibition of apartheid as a potentially appropriate lens through which to view the situation of the Palestinians, this article examines the merits of such a claim in the context of Israeli law and practice in the occupied Palestinian territory.
Is Israel an Apartheid State? A Critical Analysis of the Realities in Palestine
Political Science Undergraduate Review
This paper will examine whether the mainstream accusation of Israel being an apartheid state has some validity to it and if so, to what extent. In doing so, it will help build upon the already present political literature surrounding the Israeli-Palestinian conflict, while presenting a different perspective in the context of apartheid. Specifically, this paper analyzes the historical creation of Israel and how that directly set the tone for the inequalities present in the state today. In this regard, I rely on two case studies, which help determine whether Israel really qualifies as apartheid, so to speak, in terms of international law. Moreover, I present a rebuttal to my thesis and attempt to foil it.
Beyond Discrimination: Apartheid is a Colonial Project and Zionism is a form of Racism
EJIL:Talk! , 2021
In this essay, I will explore the dominant Palestinian tradition first by highlighting Palestinian intellectual thought on Zionism as a form of racism and racial discrimination. I will also review the legal analysis underpinning Israel’s apartheid regime, which reflects its Zionist ideology rather than the outcome of a failed political project to establish a Palestinian state. The essay will then show how Zionism is better understood as a political and intellectual analog of apartheid in order to emphasize that Israel did not become a discriminatory regime but is defined by such discrimination. I will conclude with thoughts on the international responsibility to end the apartheid of our time.
THE BEGINNING OF THE END A Comparison Between the Apartheid (South Africa Vs. Israeli Occupation)
IAEME PUBLICATION, 2024
This paper compares the systemic practices of apartheid South Africa and Israeli occupation. The authors leverage the perceived similarities between Israeli policies in the Occupied Palestinian Territories and apartheid-era South Africa to foster global empathy for Gaza and Palestine. By synthesising the deeply reviewed literature, a list of the different forms of institutionalized oppression and segregation from both historical and contemporary examples is set in a table. The authors then examine the mechanisms and the consequences of the apartheid practices on affected populations and the possibility of extending this to Gaza. The study aims to understand the time framework that such apartheid practices would bring more international solidarity and empathetic commitment towards ending the Israeli occupation. Therefore, this work is meant to resonate through creating new sustained waves of social justice that would help to inspire solidarity among the oppressed population of Palestine and stop possible spreading such regime into Gaza. It also heralds the beginning of the end of the occupation regime, taking an analogy of the apartheid in South Africa previously.