On 19 October 2021, the government of Israel issued a military order that designated six, renowned and award-winning Palestinian human rights groups as “terrorist organisations”. The reason for this military ...
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By Jeff Handmaker
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It is May 2021. Once again, Palestine is burning. Again, the US- and EU-funded Israeli military machine is in full throttle and again, the US – now led by Joe Biden – persistently blocks a UN Security Council Resolution, even to call for a cessation of violence. I am again writing, the latest of dozens of articles, feeling hopeless as people are killed and most of the world remains silent. I ask myself, again … what can I do?
In the weeks leading up to the violence that is now shaking Palestine, there has been “fear and fury” in Jerusalem. The pro-settler group Nahalat Shimon has been using lawfare to try and evict Palestinians from their homes in the neighbourhood of Sheikh Jarrah (at the time of writing, the case was on appeal to the Israeli Supreme Court). And the violence has spread across the country. Jewish-Israeli mobs have roamed the streets of the “multicultural” towns of Acre, Haifa and Lod, searching for those who are Palestinian – or who look “Arab” – dragging them from their cars and homes, and in one case beating an Arab man on live television. A smaller, but totally unacceptable number of Jewish civilians have also been killed in the mob violence.
Other mobs of Jewish-Israelis roamed through streets, chanting “death to Arabs” and smashing up storefront windows of Palestinian-owned shops in scenes that the organisation Jewish Voices for Peace described as reminiscent of the Nazi-led Kristallnacht.
Also in May, a massive crowd of Jewish-Israelis celebrated in the square outside the Western Wall, celebrating Jerusalem Day, gazing above the square as Palestinians fled a violent police raid of the Al Aqsa Mosque compound, one of the holiest places in Islam, during Eid-al-Fitr.
Netanyahu has firmly declared that he would “bring back sovereignty to Israel’s cities with an iron fist, if necessary”. The latest round of violence is no doubt a welcome distraction for the Israeli strongman who has been on trial in Israel for corruption and continually unable to form a government, leading to the country’s fourth election in two years.
And as if that were not horrifying enough, Gaza, too, is in flames – again. The territory is already struggling with a humanitarian crisis in the midst of a 15-year-long Israel siege of the territory. Enraged by the violence in Jerusalem at one of Islam’s holiest places, Hamas militants began launching mostly homemade rockets into sparsely populated Israeli towns. While the majority of the bombs were destroyed by sophisticated missile defence systems provided by the US government, some have managed to make it through. As of 13 May this year, a total of seven people – six Israelis and an Indian national – had reportedly been killed, including an Israeli child. There have been reports of Israelis fleeing with their terrified children to bomb shelters and safe rooms.
The Israeli military – the most technologically advanced on Earth – responded with its usual, brutally terrifying force, which Netanyahu vowed to continue. Once again, Israel’s massively well-armed military has targeted densely-populated civilian areas. By 13 May, the numbers of dead Palestinians was reported to be 113, the large majority of whom were civilians. According to the United Nations relief agency OCHA, these numbers include 14 Palestinian children.
So how did this all start?
To understand how this latest bout of violence started, one needs to face what facilitates these kinds of eruptions of violence, time and again. There are four points we need to understand, two of which squarely point to Israel, and two that point to the rest of the world.
First, Israel is a settler-colonial regime and the majority of Palestinians living in Gaza are refugees and their descendants. Some regard this regime as having started in 1967 when Israel occupied the territories of Gaza, the West Bank and East Jerusalem; others see this as having begun in 1948 when Israel unilaterally declared its independence after ethnically cleansing the territory of hundreds of thousands of Palestinians and refusing them to return to their homes and livelihoods. One could go back even further than that, and certainly to the end of the first World War, when Ottoman Rule ended and Britain was designated to administer Palestine and prepare the territory for independence. This never happened. Regardless of when one considers this regime to have started, the main point is that it continues and expands until this day.
Second, Israel is an apartheid regime, both in the Palestinian territories that it continues to belligerently occupy and administer in a grossly unequal way that Al Haq, B’tselem, Human Rights Watch, and the United Nations in a difficult-to-find report all describe as a situation of apartheid. Apartheid also exists in Israel itself, as affirmed in 2018 with a racist Nation-State Law that affirmed Israel as a homeland for Jews and Hebrew as the only official language (Arabic used to be included); it is described as a system of exclusionary constitutionalism.
Third, Israel is persistently supported, particularly by the European Union and the United States. Despite an International Criminal Court investigation of reported war crimes and crimes against humanity now taking place, US and EU support remains unwavering, including USD 3.8 billion of military aid that the US provides every year, which is more than its entire combined aid budget for every other country in the world.
Finally, there is widespread ignorance, with citizens and politicians confused by media reporting that – in its well-intended, but misguided efforts at “balance” – ends up favouring an Israeli perspective.
So, what can we do?
Hopelessness tends to lead to inaction. It is the human condition to turn a blind eye when the situation is just too awful, confusing, or far away. However, as Angela Davis powerfully reminded us in a statement posted on 17 May, people in the United States did not remain silent when George Floyd was killed from a police officer putting his knee in Floyd’s neck. And people should not remain silent now as Palestinians – and Israelis – have their lives cut short by yet another wave of violence. Davis condemned not only the violence in Israel and Palestine, but condemned the Biden-Harris administration for their complicity in it.
Clearly, the violence should stop immediately, and there should be justice, but what can those of us in The Hague, New York, Johannesburg, Buenos Aires, Karachi or Kuala Lumpur do?
First of all, recognise that this is not an even-sided conflict. It is massively asymmetrical. Unlike Israelis, Palestinians in Gaza and the West Bank have no bomb shelters or sophisticated missile defence systems. They have no drones or fighter aircraft. In Gaza especially, which has been described as an open-air prison, people not only have nowhere to go; they rarely even have electricity, potable water or food nowadays due to the Israeli siege of Gaza that has been going on, and deepening, since 2016.
Second: voice your anger and concern to family, friends, neighbours, and elected representatives. Let Palestinians tell their own story. Share the music of Shai Zaqtan of Nai Barghouti and others. Post your outrage on social media and make it visible in street protests. As the corona lockdown eases in many parts of the world, speak to others, including at community centres and in places of worship.
Finally, do what you can in your individual and professional capacity to support the Palestinian call for #BDS = Boycott, Divestment, and Sanctions.
Update: Since the article was initially drafted, the United Nations and Save the Children reported that “58 children[i] in Gaza and two children in southern Israel have been killed in the last week. More than a thousand people in Gaza, including 366 children, have also been injured.” Source, OCHA. At the time of the “ceasefire” on 20 May 2021, this figure was revised to “at least 232 Palestinians, including 65 children, who have been killed in the Israeli bombardment. On the Israeli side, 12 people, including two children have been killed.”
Opinions do not necessarily reflect the views of the ISS or members of the Bliss team.
About the author:
Jeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.
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By Jeff Handmaker
Posted on Bigotry, in all its forms, is steadily rising. Clearly, being non-racist is not enough; we need to be anti-racist to be able to combat race-related bigotry once and for all. ...
By Jeff Handmaker
Posted on In 2014, on the 20th of July, the Israeli military targeted and bombed a home in a refugee camp in Gaza, killing several family members of Saad Ziada, including his ...
By Jeff Handmaker
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The history of apartheid in South Africa is generally well-known. Yet, apartheid is not exclusive to that country. According to international law, and on various social grounds, Israel too may be viewed as maintaining an apartheid regime. What does apartheid mean and how has the international community confronted both South African and contemporary regimes of apartheid? This article takes up this discussion, reflecting on a recent event organised at the ISS.
On 11th April 2019, ISS hosted an event to critically discuss the concept of apartheid and its application. Inspired by the work of known South African legal scholar Professor John Dugard, who addressed this event, he and other panellists went beyond the legal-historical origins of apartheid in South Africa and explored its relevance to the longstanding impasse between Israel and the Palestinians.[i]
Beyond the legal foundations of apartheid in South Africa and it becoming a crime in international law, the panelists explored the social impact of apartheid as separate development and how civic organizations and governments have resisted or maintained this situation.
Apartheid under international law
According to international law, the crime of apartheid, as defined by article 7 of the Rome Statute of the International Criminal Court, is a crime against humanity. It consists of:
inhumane acts (…) 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.
The origins of this crime can be traced to the racialized legal regime established in South Africa from 1948 to 1990, although its definition is not restricted to that particular case. To the contrary, it is now an established position within academia, among civil society organizations, and UN agencies that the policies of Israel towards the Palestinian population also may be legally classified as an apartheid regime.
According to Dugard, Israel is more disrespectful of international law than South Africa was. He underscored that South Africa had accepted the importance of complying with norms of international law, yet argued that these norms were not applicable to the facts. By contrast, despite being party to several Human Rights Conventions that South Africa never was,[ii] Israel disregards the applicability of international law norms. This includes the Israeli government’s refusal to recognise the jurisdiction of the International Court of Justice, which in 2004 confirmed that the construction of the wall in the Occupied Palestinian Territory, the settlements and associated regime were contrary to international law.[iii]
So, how does one explain such a dismissive attitude towards international law? Both Dugard and Shawan Jabarin, who also spoke at the event, agreed that a combination of State complicity and lack of political will on the part of the United States and the European Union to ensure that Israel respected human rights and other sources of international law played a crucial role in perpetuating Israel’s domination of the Palestinian people.
As Jabarin further highlighted, although legally it is possible to argue that Israel’s occupation has many features of apartheid and colonialism, when assessing how the concept of apartheid applies in the Israel-Palestine territory, a purely legal analysis is insufficient. It is critical to consider political factors and the daily conditions that people face under the regime.
How nationality works in Israel-Palestine
Israel does not legally-recognise Israeli nationality. Instead, Israelis and Palestinians experience profoundly different conditions and enjoy different privileges, depending on their legally-mandated, privileged nationality as Jewish, or in accordance with more than 130 other officially-recognised nationalities. By disassociating the concepts of nationality and citizenship, Israel enforces a particularly strict regime of separate development. Ronnie Barkan, who also addressed the event, argued strongly that apartheid went beyond its application to Israel’s occupation of Palestinian territories, noting that not every Israeli citizen enjoys the same rights. In other words, the dual-layered legal framework of Israel privileges Jewish nationality, while excluding and/or neglecting the rights of everyone else.
Moreover, Barkan argued that Israel was built upon this sophisticated dual-layered framework that on the surface seemed like a democracy, but only protected the rights of a privileged national group. For example, although Palestinians are allowed to vote, only candidates who recognize Israel as a Jewish state are permitted to participate in elections. In this sense, the participation of Palestinians in the political system is only apparent in so far as it does not have the potential to modify power structures, or their living conditions.
Nationality also determines who gets access to land and who is allowed to live in certain areas. The blockade of the Gaza Strip and the West Bank, the establishment of settlements and the forced displacement of Palestinians from their villages are further examples of inhuman practices, through which Israel exercises its control.
All panelists agreed that the issue went beyond domination. The long term goal of Israel’s apartheid regime is not merely to exercise control over Palestinians, but to expel them from the land.
Responses to challenge apartheid
In July 2018, Israel issued the “Nation-State Law”.[iv] Among other measures, the law declares that Israel is a Jewish state, and that the only official language is Hebrew, whereas previously the second official language was Arabic. The law is by no means the first, but possibly the most blatant effort to entrench apartheid. Protests from civil society have been considerable, including a stepping-up of the Palestinian-led Movement for Boycott, Divestment and Sanctions (the BDS Movement) until Israel respects Palestinian rights.
As observed by the third panelist, Nieuwhof, the BDS Movement offers an action perspective, a tool to mobilize citizens to pressure governments and companies to support the Palestinian people. One of the early achievements of the movement, she noted, was a decision by the Dutch Bank ASN to divest from Veolia, one of many companies that has generated profits from the illegal occupation of the territory of Palestine.
All in all, the event was both timely and highly-relevant to the ISS research agenda on social justice. Regardless of one’s views, it is important to preserve spaces for discussions like this, which allow us to explore a critical perspective regarding one of the most relevant social justice issues of our time.
Image Credit: © 2007 George Latuff. Wikicommons. Nelson Mandela, who spent 27 years in prison for fighting apartheid in South Africa, said that “our freedom is incomplete without the freedom of the Palestinians”.
About the authors:
Ana María Arbeláez Trujillo is a recent graduate from the Erasmus Mundus Program in Public Policy. She is a lawyer and a specialist in Environmental Law. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.
Jeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.
He is a regular author for Bliss. Read all his posts here.