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- Apartheid In the Holy Land
- Racism in the
Zionist State of Israel
-
Paper Prepared for the United Nations Conference
Against
Racism, Racial Discrimination, Xenophobia and Related
Intolerance,
-
31st August-7th September,
South Africa
- by Nafeez Mosaddeq Ahmed
-
-
I. Settlement,
Colonisation and Bypass Roads
-
II. Socio-Economic
Deprivation
-
III. Military
Subjugation
“We
thought about visiting Hebron because we thought about apartheid. No
other place in the occupied territories can better illustrate the
brutal essence of the Israeli occupation and the local version of
apartheid. In Hebron, a tiny minority of about 400 people cruelly
controls a huge majority of 140,000 residents, about 30,000 of whom
live under direct Israeli military rule; tens of thousands of
Palestinians are subjected to curfews and closures due to a holiday
or demonstration or any other whim of the Jewish minority; there are
roads for Jews only; stores are burned down and market stalls are
overturned; acts of violence occur almost daily; the security forces
stationed there do not lift a finger when the violence is
perpetrated by the ruling minority, but respond severely when the
violence comes from the subjugated majority. A guerrilla war is
being waged by the occupied against the occupier; between the two
peoples - not to say the two races - surges a deep and violent
hatred commingled with fear.”
Gideon Levy,
Correspondent for Ha’aretz
(‘Like the old
days in South Africa’, Viewpoint, 7 June 2001)
The International
Convention on the Elimination of All Forms of Racial Discrimination
defines racial discrimination as “any distinction, exclusion,
restriction or preference based on race, colour, descent, or
national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on
an equal footing, of human rights and fundamental freedoms in the
political, economic, social, cultural or any other field of public
life.”[1]
According to the Declaration on Race and Racial Prejudice, racism
includes: “racist ideologies, prejudiced attitudes, discriminatory
behaviour, structural arrangements and institutionalised practices
resulting in racial inequality as well as the fallacious notion that
discriminatory relations between groups are morally and
scientifically justifiable; it is reflected in discriminatory
provisions in legislation or regulations and discriminatory
practices as well as anti-social beliefs and acts.”[2]
Thus, when evaluating
whether certain conditions or practices constitute “racial
discrimination”, it is not imperative that intent is proved. It
suffices that conditions or practices have the “effect of nullifying
or impairing” equality of rights, regardless of the declared intent
of those conditions or practices. Those conditions or practices of
racism may consist of ideologies, attitudes, patterns of behaviour,
social structures and institutions.[3]
As for apartheid, this constitutes a system of institutionalised
racial segregation and discrimination for the purpose of
establishing and maintaining domination by one racial group of
persons over another racial group of persons and systematically
oppressing them. The defining model of apartheid is the system of
policies adopted by South Africa in the 1980s. International law
clearly recognises the illegitimacy of apartheid. Indeed, the crime
of apartheid is closely associated with the crime of genocide. The
International Convention on the Suppression and Punishment of the
Crime of Apartheid, which came into force in July 1976 and by
September 1984 had been ratified or acceded to by 79 states, states
that “in the Convention on the Prevention and Punishment of the
Crime of Genocide, certain acts which may also be qualified as acts
of apartheid, constitute a crime under international law”.
Apartheid is thus a crime
against humanity, constituting inhuman acts of racial segregation
and discrimination, as defined in Article II of the Convention on
the Suppression and Punishment of the International Crime of
Apartheid (UNGA 3068 (XXVIII) of 30 November 1973). This Convention
clarifies that such acts are crimes violating the principles of
international law, in particular the purposes and principles of the
Charter of the United Nations, and constituting a serious threat to
international peace and security. Hence, apartheid is not simply a
crime against humanity but a series of acts of genocide, as far as
some aspects of its practices are concerned, but also with
implications for international peace and security.
A “crime of apartheid”
properly defined therefore includes similar policies and practices
of racial segregation and discrimination as formerly practiced in
South Africa. It includes 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. It specifically includes, 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 it includes the denial to members of a racial group or
groups basic human rights including the right to leave and to return
to their country, the right to a nationality, and the right to
freedom of movement and residence. It also includes 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.[4]
The issue of the degree
and nature of racism in Israel is pertinent; partly because it is an
issue that is often studiously avoided by Western media and academia
- although not within Israel itself - and is therefore in dire need
of attention; and partly because it relates to the escalating crisis
in the Middle East which every day threatens to expand into a wider
war with devastating consequences for the region. The necessity of
grappling honestly and openly with this issue has been recognised
within Israel itself by many prominent journalists, academics and
human rights activists. One important voice we should pay heed to on
this issue is that of Ami Ayalon, retired head of the Israeli
domestic intelligence service, Shin Bet. At an annual meeting of the
Israeli Finance Ministry’s budget division in the year 2000, Ami
Ayalon spoke against the Israeli policy of “separation” from the
Palestinians. “Is the option of a Jewish democracy with apartheid
acceptable? In my view, it is not. That’s a dilemma we’ve always
wanted to delay.” He added that the Palestinians should not be
expected to be content living “in a Bantustan”, separated from
Israel, as well as from Egypt and Jordan “for security reasons”.[5]
He also observed:
“The things a Palestinian
has to endure, simply coming to work in the morning, is a long and
continuous nightmare that includes humiliation bordering on despair…
We have to decide soon what kind of democracy we want here. The
present model integrates apartheid and is not commensurate with
Judaism… We will never attain security without an in-depth
discussion about this issue.”[6]
Ayalon’s comments were
barely reported in the West. One exception to the rule was the
Los Angeles Times which reported Ayalon’s comments as follows:
“[I]n public remarks… a
former head of the Israeli domestic security service blamed
government policies for triggering the Palestinian revolt. Ami
Ayalon, retired head of the Shin Bet security service, said Israel
is guilty of ‘apartheid’ policies that go against the spirit of
Judaism. He suggested that the Palestinians were following a logic
in choosing violence, and spoke of the profound ‘humiliation’ that
Israel inflicts on Palestinian workers and others who seek to enter
Israel.”[7]
When an Israeli figure as
prominent as Ayalon speaks out in this manner against what he
perceives to be “apartheid” within the Zionist State, it would be
incredibly dishonest to attempt to ignore the entire issue and
black-out all dialogue on the subject. The United Nations Conference
Against Racism provides an ideal international forum to openly and
intensively engage with exactly this issue, in the manner Ayalon
indicated is essential for peace and security in the Middle East. In
this spirit, the purpose of this paper is to provide an introductory
analysis of Israeli policies that are clearly racist and which
together constitute a system of apartheid. Accordingly, the paper
makes extensive use of independent research by a variety of
organisations and specialists. The paper does not explicitly focus
on whether or not Zionism can be defined as a racist ideology;
rather, it focuses on the historico-empirical issue of racism – more
specifically apartheid - within the Zionist State of Israel.
Naturally, this has logical implications for the nature of Israel’s
Zionist ideology, yet while those implications are briefly
discussed, they are not explored in detail here. Although it is by
no means intended that this paper be exhaustive in its handling of
the issues, it is hoped that the facts and documentation contained
herein suffice to clarify the primary issues related to racism and
apartheid in the Zionist State of Israel, and thus open the road to
further discussion and investigation.
II. The Imperialist Underpinnings of the Founding of South African Apartheid and the
State of Israel
“You shall continue to
live like dogs, and whoever wishes may leave.”
Israeli General and
Statesman Moshe Dayan - Chief of Israel’s General Staff, Minister of
Agriculture, Minister of Defence, and finally Foreign Minister in the
Israeli Government –advising his government associates what to tell the
Palestinians
(Washington DC, 20 August
2001)
Ayalon’s comments point to a similarity
between racial discrimination in South Africa – known as “apartheid” - and
racial discrimination in Israel. A comparison of the two regimes seems to
confirm that Israel virtually mimics major features of the apartheid
regime in South Africa in the 1980s. There are even some similarities in
the way the two regimes were created.
For more than three centuries, South Africa
was a site of vicious struggle between European colonialists and various
indigenous and immigrant population groups. Non-European groups opposed to
the expansion of European colonial settlements in the country included
indigenous African ethnic groups, various mixed groups collectively
identified as “Coloureds”, and immigrant indentured labourers and traders
from Asia (mainly India). There were two main European groups seeking
power in South Africa: the British, who were the dominant colonial
presence in southern Africa; and the Afrikaners (which in English means
African), who were primarily the descendants of Dutch traders and
livestock farmers (called “boers”) but also included political and
religious refugees from western Europe (mainly Flemish speakers, German
speakers, and French-speaking Huguenots). The European colonial imperative
was motivated fundamentally by commercial and economic interests in
lucrative regional resources such as diamonds and gold.
By the beginning of the twentieth century,
British imperial rule was established over Afrikaners and Africans alike.
However, the British accepted a historic compromise with their fellow
Europeans - the Afrikaners or Boers - by opening up the corridors of power
to embrace the Afrikaner community at the expense of the indigenous
African, Coloured, and Indian communities. The result ultimately was that
Boer and Briton together would control a new nation-state, the Union of
South Africa, in 1910. From 1910 until 1948, power in South Africa was
shared by the white political parties aligned with their respective
British and Afrikaner traditions.[8]
Throughout this period racial segregation and the supremacy of whites had
been traditionally accepted in South Africa, although it had not yet been
officially implemented by the state by law.
In 1948, the Afrikaner-dominated
National Party won the 1948 general election and immediately began to
officially implement through a variety of discriminatory laws the policy
known as apartheid, which in Afrikaans means “apartness” or “separation”.
The purpose of apartheid was separation of the “races”: not only of whites
from nonwhites, but also of nonwhites from each other, and, among the
Africans (called Bantu in South Africa), of one group from another.
Apartheid, however, not only implied racial segregation. It also
specifically involved a policy of political and economic discrimination
against non-European groups. All of the population groups in South Africa
classified by the government as non-European would now be governed
separately and subordinated at every level to white South Africa. Initial
emphasis was on restoring the separation of races within the urban areas.
A large segment of the Asian and Coloured populations was forcibly
displaced – effectively ethnically cleansed - out of so-called white
areas. African townships that had been overtaken by (white) urban sprawl
were demolished and their occupants removed to new townships well beyond
city limits. About 1.5 million Africans were forcibly removed from cities
to rural reservations in this way between the passage of the Group Areas
Acts of 1950 and 1986. The vast majority of Africans - now two-thirds of
the total population - were restricted to these rural reservations (called
reserves or “bantustans”). They were refugees in their own country:
refused their right to self-determination; restricted to broken tracts of
poor-quality land incapable of supporting their populations; and
consequently victims of racial discrimination in all areas of social,
economic and political life.[9]
The creation of the State of Israel was rooted
in a similar background of Western European imperialism with the intent of
subordinating the indigenous population to Western interests. As the New
York-based Center for Economic and Social Rights (CESR) observes: “British
imperialist interests in the region were linked to the war and coincided
closely with the Zionist project of establishing, in [Zionist theoretician
Theodore] Herzl’s words, ‘a portion of the rampart of Europe against Asia,
an outpost of civilization as opposed to barbarism’.”[10]
This notion of ‘civilising the natives’ was typical of Western European
colonial policy in non-European continents, and was rooted in racist
contempt for the supposedly barbaric and uncivilised indigenous
population, in relation to whom Europeans were undoubtedly considered
superior. Furthermore, therefore, Zionism exploited already existing
imperialist interests. According to one Zionist historian:
“The British
Government’s business was to win the War and to safeguard British
interests in the post-war settlement. Fully realizing that these in the
end must be the decisive tests, Weizmann was never under the illusion that
the Zionists could rely on an appeal ad misericordiam. Zionist aspirations
must be shown to accord with British strategic and political interests.”[11]
A century ago the Palestinian Arab claim was
unchallenged, and included rather than excluded Jews. The area had been
long inhabited by a minority Jewish population. Like other minorities,
Palestinian Jews did not identify themselves as a separate “nation” in
opposition to the Palestinian Muslim majority. In fact, national
identification was not linked to religious or even ethnic affiliations -
Muslims, Christians and Jews all considered themselves as Palestinian
Arabs. Zionism aimed to change this state of affairs. As with South
African apartheid, the leading pioneers of the Zionist movement envisaged
the establishment of an exclusively Jewish State in which Jews would
predominate over a subordinated indigenous non-Jewish population, from
whom they would be largely separated, and who would in fact ultimately be
completely expelled from the land. Joseph Weitz, the Director of the
Jewish National Fund (JNF) affiliated to the World Zionist Organisation,
wrote in 1940:
“It should be
clear for us that there is not room for two peoples in this country. If
the Arabs leave it, there will be enough for us... There is nothing else
to do but to remove them all; we mustn’t leave a single village, a single
tribe... We must explain to Roosevelt and all the heads of friendly states
that the land of Israel isn’t too small if all the Arabs leave and if the
borders are pushed back a little to the north, as far as the Litani, and
to the east, on the Golan Heights.”[12]
Israeli commentator Yoram Bar Porath
forcefully pointed out the essence of Zionist project in the Israeli
newspaper Yediot Aahronot:
“It is the duty of
Israeli leaders to explain to public opinion, clearly and courageously, a
certain number of facts that are forgotten with time. The first of these
is that there is no Zionism, colonialization or Jewish State without the
eviction of the Arabs and the expropriation of their land.”[13]
That is why the finalised 1917 Balfour
Declaration that promised a national Jewish homeland without prejudicing
native Arab rights in Palestine was bitterly disliked by Zionist leaders.
Initial drafts of the Declaration prepared by Zionists with Lord Balfour’s
approval, provided that: “Palestine should be reconstituted as
the national home of the Jewish people.”[14]
This manifested the British commitment to establish a Jewish State
encompassing the entirety of Palestine without any regard for its
non-Jewish inhabitants. However, intervention by the highest-ranking Jew
in the British Government, Edwin Montagu, in the British War Cabinet
successfully weakened the British commitment to Zionism in the final
adopted text, promising “the establishment in Palestine of a
national home” (italics added). Also included as a consequence of
Montagu’s intervention were legal ramifications designed to safeguard the
rights of non-Jewish inhabitants of Palestine by recognising that “nothing
shall be done which may prejudice the civil and religious rights of
existing non-Jewish communities in Palestine.” The Zionist reaction to the
Declaration was at first, very simply, opposition – it was not enough:
Zionism wanted the whole of Palestine. Chaim Weizmann expressed his fear
that the Declaration “can be interpreted to mean such limitations on our
work as completely to cripple it.” Later though, opposition became
reinterpretation, and Weizmann decided that: “[I]t would mean exactly what
we make it mean – neither more nor less… and a foundation had to be built
for it through years of exacting work.”[15]
Thus, we find Zionist pioneers such as Golda Meir later denying the very
existence of the Palestinian people prior to Israel: “There is no such
thing as a Palestinian people... It is not as if we came and threw them
out and took their country. They didn’t exist.”[16]
Crucially then, Palestinian Arabs – 90 per cent of the population – were
totally denied any form of participation in the formulation of the
Declaration, although it dealt with their own rights and status in their
own land. The CESR thus rightly comments that: “This points to the
imperialist underpinnings not only of the Balfour Declaration, but of most
application of international law to the Israeli-Palestinian conflict
leading right up to the partition resolution.”[17]
Both the regimes of South African apartheid
and Israel were thus founded on the basis of long-standing European
imperialism, and were designed to include the securing of interests based
on thereon.
III. The Denial of Self-Determination, and the Seeds of “Separation”
“Serfs they [the
Zionists] were in the lands of the Diaspora, and suddenly they find
themselves in freedom [in Palestine]; and this change has awakened in
them an inclination to despotism. They treat the Arabs with hostility
and cruelty, deprive them of their rights, offend them without cause,
and even boast of these deeds; and nobody among us opposes this
despicable and dangerous inclination.”
Ahad Ha’am, pioneer
Zionist writer
(Washington Report
on Middle East Affairs,
December 1998, p.
123-124)
In November 1947, the UN General Assembly
passed the famous resolution 181, known as the Partition Plan, which
recommended the partition of Palestine into “Arab” and “Jewish” states.
The Jewish minority was to receive the majority of the land, which
included most of the fertile areas. The Palestinians rejected the
resolution as violating their right to self-determination in a single
state for the entirety of Palestine. Sami Hadawi, a Palestinian Christian
who lived through the period in which Israel was created, explains the
indigenous position well: “Arab rejection was… based on the fact that,
while the population of the Jewish state was to be [only half Jewish] with
the Jews owning less than 10% of the Jewish state land area…
“… the Jews were
to be established as the ruling body - a settlement which no
self-respecting people would accept without protest, to say the least… The
action of the United Nations conflicted with the basic principles for
which the world organization was established, namely, to uphold the rights
of all peoples to self-determination. By denying the Palestine Arabs, who
formed the two-thirds majority of the country, the right to decide for
themselves, the United Nations had violated its own Charter.”[18]
The Partition Plan’s denial of the Palestinian
right to self-determination thus constitutes another similarity to the
South African National Party’s denial of the right of the non-white
population to self-determination. The international community at the time
was well aware of the tensions between the UN’s own Charter and the
Partition Plan for Palestine with respect to the issue of
self-determination. Indeed, the resolution only passed under intense
United States pressure and manipulation of the UN’s member states. U.S.
President Truman was responsible for pressurizing the State Department.
Under-Secretary of State S. Welles recorded that: “By direct order of the
White House American civil servants had to use direct or indirect
pressure... to ensure the necessary majority in the final vote.”[19]
Then U.S. Minister for Defence James Forrestal similarly observed: “The
methods used to pressure and to constrain the other nations within the
U.N. were close to scandalous.”[20]
As noted by John Quigley, Professor of Law at
Ohio State University:
“By this time
[November 1947] the United States had emerged as the most aggressive
proponent of partition… The United States got the General Assembly to
delay a vote ‘to gain time to bring certain Latin American republics into
line with its own views.’… Some delegates charged US officials with
‘diplomatic intimidation.’ Without ‘terrific pressure’ from the United
States on ‘governments which cannot afford to risk American reprisals,’
said an anonymous editorial writer, the resolution ‘would never have
passed’.”[21]
In this sense the moral legitimacy of the
origin of UN resolution 181 is highly questionable with respect to the
UN’s recognition of the State of Israel.[22]
Nevertheless, while Israel seems to have moved further and further away
from the acknowledgement of the resolution’s validity, Palestinians have
come to acknowledge it as the UN’s legal declaration of the right to
independent Palestinian statehood. Yet although resolution 181 allowed the
creation of the State of Israel within Palestine, Zionist leaders
privately rejected its validity due to its recognition of certain rights
due to the indigenous population. The resolution, like the Balfour
Declaration, was not enough. Israeli historian Professor Benny Morris of
Ben-Gurion University explains:
“While the
Yishuv’s leadership formally accepted the 1947 Partition Resolution, large
sections of Israeli society – including… Ben Gurion - were opposed to or
extremely unhappy with the partition and from early on viewed the [ensuing
1948] war as an ideal opportunity to expand the new state’s borders beyond
the UN-earmarked partition boundaries and at the expense of the
Palestinians.”[23]
The Zionist leadership had planned from the
very beginning to absorb the entirety of Palestine in accordance with
consolidating the State of Israel. In internal discussion in 1938, the
first Israeli Prime Minister David Ben-Gurion declared that:
“[A]fter we become a
strong force, as a result of the creation of a state, we shall abolish
partition and expand to the whole of Palestine… The state will only be a
stage in the realisation of Zionism and its task is to prepare the ground
for our expansion into the whole of Palestine.”[24]
He also stated that: “The State of Israel
considers the UN resolution of 29 November 1947 to be null and void.”[25]
A later Israeli Prime Minister Menachim Begin similarly announced:
“The partition of
the Homeland is illegal. It will never be recognized. The signature of
institutions and individuals of the partition agreement is invalid. It
will not bind the Jewish people. Jerusalem was and will forever be our
capital. Eretz Israel (the Land of Israel) will be restored to the people
of Israel. All of it. And forever.”[26]
Such sentiments were rooted in the very heart
of mainstream Zionist ideology. Leading Zionist theoretician Theodore
Herzl, founder of the World Zionist Organization, outlined at the
inception of the Zionist movement his vision for the indigenous
Palestinians: “We shall try to spirit the penniless population across the
border by procuring employment for it in the transit countries, while
denying it any employment in our own country.” He added that
“expropriation and the removal of the poor must be carried out discreetly
and circumspectly”, to avoid international outcry.[27]
The implications were clear. Israeli military analysts predicted that as a
result of the Partition Plan and Zionist attempts to establish a State in
Palestine while also superceding the limits of international law as
designated in resolution 181, either the Palestinians would be utterly
expelled from their own land, or they “would be crushed”. It was assumed
that “some of them would die and most of them would turn into human dust
and the waste of society, and join the most impoverished classes in the
Arab countries.”[28]
Yet this was not considered a problem - and still is not considered a
problem. Indeed, the mass expulsion of Palestinians from their homes –
comparable to the forced deportations of nonwhites in South Africa from
their urban homes to rural Bantustans - was an integral dimension of
Zionist plans. As Jewish scholar Professor Norman Finkelstein writes:
“One can imagine
an argument for the right of a persecuted minority to find refuge in
another country able to accommodate it; one is hard-pressed, however, to
imagine an argument for the right of a persecuted minority to politically
and perhaps physically displace the indigenous population of another
country. Yet… The latter was the actual intention of the Zionist
movement.”[29]
This intention was clearly rooted in racist
contempt for the Palestinian Arabs. Israeli correspondent Gideon Levy
comments that:
“For most Israelis, the Palestinians
are almost non-existent. They’re like thin air… For the overwhelming
majority of Israelis - again, both the right and left wing - the desired
solution is separation: They want the Palestinians to play their parts in
the form of thin air and not get in our way. There’s only one small
problem with this solution, aside from the whiff of racism that emanates
from it: It’s not possible.”[30]
According to the late Yitzhak Rabin, the first
Israeli Prime Minister made clear early on in the establishment of the
State of Israel his wish to expel the Palestinian population to make way
for the Zionist State. Rabin relates that: “We walked outside, Ben-Gurion
accompanying us. Allon repeated his question, ‘What is to be done with the
Palestinian population?’ Ben-Gurion waved his hand in a gesture which said
‘Drive them out!’”[31]
Israel’s first Minister of Education Professor Ben-Zion Dinur echoed
Ben-Gurion’s sentiments when he declared in 1954: “In our country there is
room only for the Jews. We shall say to the Arabs: Get out! If they don’t
agree, if they resist, we shall drive them out by force.”[32]
Today this philosophy of total separation between Israelis and the
Palestinians, which included the task of driving the latter our by force
if necessary, has been adopted by many Israelis in tandem with their
government. “The idea of a separation between the State of Israel and the
Palestinians has many supporters in Israel”, reports Danny Rubenstein.
“… One of Yitzhak Rabin’s election
slogans in 1992, ‘Get Gaza out of Tel Aviv,’ was a big hit. People don’t
like seeing hordes of Arabs from the West Bank and Gaza roaming our
streets. Prime Minister Ehud Barak’s variation on this theme is: ‘We are
here and they are there’.”[33]
Israeli historians have recorded that there
was indeed a clear Zionist objective to expel the indigenous non-Jewish
Palestinian population in order to achieve this form of “separation” – or
“apartheid” - between Jews and Arabs. Professor Benny Morris for example
points out that: “Ben-Gurion clearly wanted as few Arabs as possible to
remain in the Jewish state. He hoped to see them flee. He said as much to
his colleagues and aides in meetings in August, September and October
[1948].” However, this was never enunciated in any official written format
outlining a general expulsion policy. Although “Ben-Gurion always
refrained from issuing clear or written expulsion orders”, it is
nevertheless true that:
“… he preferred that his generals
‘understand’ what he wanted done. He wished to avoid going down in history
as the ‘great expeller’ and he did not want the Israeli government to be
implicated in a morally questionable policy… But while there was no
[written] ‘expulsion policy’, the July and October [1948] offensives were
characterized by far more expulsions and, indeed, brutality towards Arab
civilians than the first half of the war.”[34]
According to Israeli historian Simha Flapan:
“That Ben Gurion’s ultimate aim was to
evacuate as much of the Arab population as possible from the Jewish state
can hardly be doubted, if only from the variety of means he employed to
achieve this purpose… most decisively, the destruction of whole villages
and the eviction of their inhabitants …even [if] they had not participated
in the war and had stayed in Israel hoping to live in peace and equality,
as promised in the Declaration of Independence.”[35]
Another Israeli historian Ilan Pappe,
Associate Professor in Middle East History at the University of Haifa,
concurs that: “There was an unwritten Zionist plan to expel the Arabs of
Palestine in 1948.” From 1 April 1948 to the end of the war, “Jewish
operations were guided by the desire to occupy the greatest possible
portion of Palestine.” In an interview with Belgian journalist Baudouin
Loos, Professor Pappe emphasised that the Zionists “were cautious enough
not to write it although there was this ‘plan D’ (Dalet), that reveals
enough of the systematic expulsion.” Plan Dalet (D) was first prepared by
Zionist military forces in March 1948. The plan “defined a very important
principle: any Arab village or neighborhood that would not surrender to
the Jewish forces, that would not raise the white flag, would be uprooted,
destroyed and the people expelled.” The Zionists “knew well that there was
very little chance for more than five or six villages to surrender. Why
should they surrender, especially after (the massacre of) Deir Yassin in
April and the big fright in the Arab community?
“In fact, only
four villages rose the white flag. All the rest were potentially an object
of expulsion. I must add that a few other neighborhoods rose the white
flag but it didn’t help them... All this is very clear. We have to
remember that the UN partition plan of November 1947 would have left an
equal number of Jews and Arabs in the Jewish state. This contradicted the
idea of a Jewish state. So they had to make sure that as few Arabs as
possible were still there. And that’s what happened.”[36]
Thus, Tzvi Shiloah, a senior veteran of the
Mapai Party and a former deputy mayor of the town of Hertzeliyah recalled
that “in 1948, we deliberately, and not just in the heat of the war,
expelled Arabs. Also in 67 after the Six-Day War, we expelled many Arabs.”[37]
Not only were Palestinians deliberately expelled, their villages were
destroyed in the hope that this would mean that they could never return.
During May 1948, Zionists began contemplating ways of consolidating and
making permanent the Palestinian exile. Professor Benny Morris notes that
“the destruction of villages was immediately perceived as a primary means
of achieving this aim.” Indeed, Zionist forces carried out massacres of
the indigenous population even earlier than May:
“On 10 April, Haganah
units took Abu Shusha… The village was destroyed that night…Khulda was
leveled by Jewish bulldozers on April 20…Abu Zureiq was completely
demolished…By mid- 1949, the majority of the [350 depopulated Arab
villages] were either completely or partly in ruins and uninhabitable.”[38]
There can therefore be no doubt that the
exodus of over three quarters of a million Palestinians from their homes
was deliberately engineered by the Zionist army by the illegal use of
force. The Palestinians were simply never considered to be on an equal
level to that of the Zionists who were taking control of the land for
their own purposes. They were merely obstacles to be brutally eliminated.
This conclusion has been well documented by the Israeli military historian
Aryeh Yitzakhi – Senior Lecturer in the Faculty of Eretz Yisrael Studies
at Bar Ilan University (Tel Aviv) and Senior Lecturer in Military History
in Israeli Defence Force (IDF) courses for army officers. Yitzahki is
particularly qualified in this area due to his in-depth acquaintance with
IDF archives, on which his conclusions are based. In the 1960s, Yitzakhi
served as director of the IDF archives within the framework of his IDF
service in his capacity as historian. “The time has come,” he observes,
“to face the ocean of lies in which we were brought up. In almost every
conquered village in the War of Independence, acts were committed, which
are defined as war crimes, such as indiscriminate killings, massacres and
rapes…
“For many Israelis
it was easier to find consolation in the lie, that the Arabs left the
country under orders from their leaders. This is an absolute fabrication.
The fundamental cause of their flight was their fear from Israeli
retribution and this fear was not at all imaginary. From almost each
report in the IDF archives concerning the conquest of Arab villages
between May and July 1948 - when clashes with Arab villagers were the
fiercest - a smell of massacre emanates. Sometimes the report tells about
blatant massacres which were committed after the battle, sometimes the
massacres are committed in the heat of battle and while the villages are
‘cleansed’. Some of my colleagues, such as Me’ir Pa’il, don’t consider
such acts as massacres. In my opinion there is no other term for such acts
than massacres. This was at the time the rule of the game… In the first
phase a village was usually subjected to heavy artillery from distance.
Then soldiers would assault the village. After giving up resistance, the
Arab fighters would withdraw while attempting to snipe at the advancing
forces. Some would not flee and would remain in the village, mainly women
and old people. In the course of cleansing we used to hit them. One was
‘tailing the fugitives’, as it used to be called (‘mezanvim baborchim’)…
In a typical battle report about the conquest of a village we find: ‘We
cleansed a village, shot in any direction where resistance was noticed.
After the resistance ended, we also had to shoot people so that they would
leave or who looked dangerous’.”[39]
This grim record of acts of genocide and
ethnic cleansing of the indigenous Palestinian population in order to
establish an exclusivist Jewish State, is corroborated by authoritative
Israeli military historian Professor Uri Milstein. Milstein, however, goes
even further than Yitzhaki in his conclusions about Zionist killings of
Palestinians:
“If Yitzhaki claims that almost in every
village there were murders, then I maintain that even before the
establishment of the State, each battle ended with a massacre. In all
Israel’s wars massacres were committed but I have no doubt that the War of
Independence was the dirtiest of them all.”[40]
The most commonly cited example of such terror
is the massacre at the village of Deir Yassin on 9 April 1948, in which
254 Palestinian inhabitants, including men, women, children, and old men,
were massacred by Irgun troops whose leader was the future Israeli Prime
Minister Menachim Begin. Begin himself described the massacre as a
“victory” without which the State of Israel could not have been
established. He admitted that: “The Haganah carried out victorious attacks
on other fronts... In a state of terror, the Arabs fled, crying, ‘Deir
Yassin’.”[41]
Numerous other massacres were committed by Zionist forces in the same
vein. One of the biggest but least publicised massacres is that of al
Dawayima village in Hebron District (population 4,300). On the afternoon
of Friday, 29 October 1948, 3 units of the 89th Battalion (8th Brigade)
entered the village from 3 directions, leaving the east open, and occupied
it “without a fight” according to an Israeli soldier’s testimony. The
soldier continued:
“The first wave of conquerors killed about
80 to 100 Arabs, women and children. The children they killed by breaking
their heads with sticks. There was not a house without dead. One woman,
with a newborn baby in her arms was employed to clean the courtyard....
[They] shot her and the baby.... This was not in the heat of battle....
but a system of expulsion and destruction.”[42]
Israeli historian Teddy Katz has also uncovered credible
evidence that Israeli troops had massacred 200 Palestinians in a single
village on the day Israel came into existence in 1948. Basing his
conclusions on testimonies and information from witnesses including
soldiers, Katz observed that “at least 200 people from the village of
Tantura were killed by Israeli troops” in what was “definitely one of the
biggest massacres”. “Palestinians were killed inside their homes and in
other parts of the village”, while Israeli soldiers “shot at anything that
moved.”[43]
As a result of this deliberate policy of
terror, by 1949 the Zionists had successfully driven out approximately
770,000 Palestinians who thus became refugees in their own country, and
took control of 80 per cent of their land. Only 100,000 remained of a
population approaching one million. Just as whites took over the former
homes of the expelled non-white populations in South African apartheid,
“Whole Arab cities - such as Jaffa, Acre, Lydda, Ramle, Baysan, and Maidal
- 338 towns and villages, and large parts of others, containing nearly a
quarter of all buildings standing in Israel during 1948, were taken over
by new Jewish immigrants.
“… Ten thousand
former Arab shops, businesses and stores were left in Jewish hands as well
as some 30,000 acres of groves that supplied at least a quarter of the new
state’s scarce foreign currency earnings from citrus. Acquisition of this
former Palestinian Arab property helped greatly to make the Jewish state
economically viable and to speed up the early influx of refugees and
immigrants from Europe.”[44]
Meanwhile, Palestinian refugees were forced to
live in squalid conditions; prevented from returning to their homes;
permanently debarred – separated - from the territory on which they had
once lived and which had now become the exclusive property of the Zionist
State and its Jewish citizens; and confined to restricted areas under an
expanding Israeli occupation. “The winter of 1949, the first winter of
exile for more than seven hundred fifty thousand Palestinians, was cold
and hard”, reports the People’s Press Palestine Book Project.
“Families huddled
in caves, abandoned huts, or makeshift tents… many of the starving were
only miles away from their own vegetable gardens and orchards in occupied
Palestine - the new state of Israel…At the end of 1949 the United Nations
finally acted. It set up the United Nations Relief Works Administration (UNRWA)
to take over sixty refugee camps from voluntary agencies. It managed to
keep people alive, but only barely.”[45]
However, international law recognised the
Palestinian refugees’ inviolable right of return to their ancestral
homeland in United Nations General Assembly Resolution 194. The basis of
the resolution lay in the findings of the UN Mediator for Palestine Count
Folke Bernadotte. In his first report submitted to the UN he wrote that:
“The right of the Arab refugees to return to their homes in
Jewish-controlled territory at the earliest possible date should be
affirmed by the United Nations… It would offend basic principles to
prevent these innocent victims of the conflict from returning to their
homes, while Jewish immigrants flood into Palestine and, what’s more,
threatening to permanently replace the dispossessed Arab refugees who have
been here for centuries.” He described an ongoing process of “Zionist
pillage on a grand scale and the destruction of villages without apparent
military need.”[46]
Consequently, on 11 December 1948 the UN
adopted Resolution 194 that included the establishment of the Conciliation
Commission on Palestine to implement the resolution. According to the
Commission’s authoritative interpretation of the resolution:
“The General
Assembly had laid down the principle of the right of refugees to exercise
a free choice between returning to their homes and being compensated for
the loss of or damage to their property on the one hand, or, on the other,
or not returning to their homes and being adequately compensated for the
value of the property abandoned by them.”[47]
Israel, however, has ignored the Palestinian right of
return in violation of international law on the pretext of maintaining the
exclusively “Jewish” character of the State. Israel’s blocking of the
Palestinian right of return virtually mimics the South African policy of
“separation”, with whites segregated from non-whites – in this case, Jews
partitioned off from the exiled non-Jewish Palestinians. While permitting
the unimpeded influx of Jewish immigrants into Israel after what many Jews
consider to be a 2,000 year absence, the Zionist “Law of Return” follows
an entirely different policy in relation to non-Jews, with the result that
Palestinians are officially to remain exiled forever. After 1948
Palestinian refugees attempted to return to their homes in the land that
had by then become the State of Israel. Dubbed “infiltrators” by Israel,
the returning refugees clashed with Israeli settlers, army and police.
Only very few succeeded. An estimated 2,700-5,000 Palestinians were killed
by Israeli forces while attempting to cross the borders. To stave off the
return of the indigenous population, the Israeli army began launching
attacks on Palestinian refugee camps in the West Bank and Gaza Strip.
Benny Morris has documented extensively the numerous killings committed by
Israeli forces during this period.[48]
There are at least 3,469,109 Palestinian
refugees (UNRWA, January 1998), including 1,308,438 in the territories
(548,874 in the West Bank and 759,564 in Gaza), now living in squalid
conditions of an Israeli-imposed system of discrimination.
Palestinians forced to leave their homes in
1948 are still unable to return after 53 years. This is perhaps the
most well known instance of Israeli discrimination against the non-Jewish
indigenous Palestinian population. Professor Anita Shapira of the
Department of History at Tel Aviv University observes: “The [Israeli] Law
of Return gave preference to any Jew born in Britain or Morocco over an
Arab born in Jaffa and driven into exile as a result of the 1948 war… Arab
settlements have been short-changed and discriminated against for
decades.”[49]
The policy is rooted in the guidance of the
foremost pioneers of the Zionist movement. For instance, Ben-Gurion
recorded in his diary on the 18 July 1948 that “We must do
everything to ensure they [the Palestinian refugees] never do return.”[50]
A confidential report written for the Israeli government of Yitzhak Rabin
leaked to the press in September 1976, known as the Koenig Memorandum,
elaborated on the strategies included in “everything”. Northern District
Commissioner Israel Koenig advised that: “We must use terror,
assassination, intimidation, land confiscation, and the cutting of all
social services to rid the Galilee of its Arab population.”[51]
The similarities between all these Zionist
policies and the apartheid policies of South Africa’s white rulers were
noted at an early stage in the newspaper of the Afrikaners, Die
Transvaler: “What is the difference between the way in which the
Jewish people struggles to remain what it is in the midst of a non-Jewish
population, and the way the Afrikaners try to stay what they are?”[52]
Such a similarity must clearly be rooted in deep-seated racism. Israeli
Prime Minister Menachem Begin threw light on this when he observed in a
speech to the Knesset that the Palestinians “are beasts walking on two
legs.”[53]
The extent of the similarity between racial discrimination in Israel
against the Palestinians and South African apartheid was thus
inadvertently admitted in the heated remarks of General Raphael Eitan,
Chief of Staff of the Israeli army during the 1982 invasion of Lebanon, at
a guest lecture at the School of Law, Tel Aviv University:
“I don’t
understand this comparison between us and South Africa. What is similar
here and there is that both they and we must prevent others from taking us
over. Anyone who says that the blacks are oppressed in South Africa is a
liar. The blacks there want to gain control of the white minority just
like the Arabs here want to gain control over us. And we, too, like the
White minority in South Africa, must act to prevent them from taking us
over. I was in a gold mine there and I saw what excellent conditions the
black workers have. So there is [sic] separate elevators for Whites and
Blacks, so what? That’s the way they like it.”[54]
IV. The Legalisation of Racial Discrimination
“We have uttered a
lot of nonsense, but have failed to implement anything. We have
declared, on several occasions, that we would extend equal rights to
Jews and Arabs in the city - but those were empty words. Levi Eshkol
and Menachem Begin made commitments to grant equality to the Arabs,
but neither of them kept his promises and never provided them even
with a semblance of equality under the law; they were and remain
second and third class citizens…I did something for Jewish Jerusalem
during the past 25 years, but in East Jerusalem nothing! What did I
do? Schools? Nothing. Pavements? Nothing. Cultural centers? None. Yes,
we did build a sewage system for them and we improved water supply. Do
you know why? When several cholera cases were declared on the Arab
side [early 1970s], the Jews panicked at the prospect of the disease
reaching them, so we set up the sewage and water networks to contain
the cholera.”
Former Israeli Mayor of Jerusalem Teddy
Kollek
(Interview with Ma’ariv, 10 October 1990)
Apartheid in South Africa consisted of a
system of discriminatory laws and policies implemented by the government
designed to subordinate all population groups classified as non-European
or nonwhite at every level to the white minority. There are a similarly
vast variety of laws within Israel that officially discriminate against
non-Jews in favour of Jews within a system designed to systematically
favour Jews at their expense, with the ultimate effect of marginalising
and subordinating the non-Jewish population. Longtime U.S. Middle East
expert and head of the Middle East Project of the Washington-based
Institute for Policy Studies (IPS), Phyllis Bennis, observes that: “Jews
from anywhere in the world, like me, can travel to Israel, declare
citizenship, and be granted all the privileges of being Jewish that are
denied to Palestinians who have lived in the area for hundreds of years.”[55]
The laws that grant such privileges – denied to non-Jewish Palestinians –
bear close resemblance to the apartheid laws of South Africa. Israeli
Professor Uzi Ornan, for example, noted in 1991 that “it is amazing how
closely the discriminatory laws of South Africa - which began to be
legislated in 1913 and which are now about to be abolished - resemble the
discriminatory laws which began to be legislated in the state of Israel in
1948.”[56]
There are several basic (irrevocable) laws
with discriminatory implications for non-Jews in Israel. The 1948 Law of
Citizenship, for example, establishes eligibility for citizenship status,
yet citizenship without “Jewish nationality” grants few fundamental rights
that are granted to Jews. The 1950 Law of Return mentioned previously
refers to the exclusive “nationality right” for Jews from anywhere in the
world to enter and live within Israel, and to claim a superior legal
status with full rights (such as those to land and housing) which are
denied to the indigenous Palestinians. The 1952 Status Law recognises
certain “national” institutions operating within Israel, and
extraterritorially, as part of the government of Israel to serve “the
Jewish people” exclusively (e.g. the World Zionist Organization/Jewish
Agency, which is affiliated to the Jewish National Fund).[57]
Such organisations possess statutory power within Israel to purchase and
develop land, build new settlements, and provide social services. On the
basis of legal compacts with the Israeli state, they are allowed to
operate as pseudo-statutory bodies despite a declared mandate to operate
only on behalf of Jews, and despite being unaccountable to the residents
of the state in which they operate.
There are three other particular areas in
which Israel officially discriminates against Palestinians in favour of
Jews, these being residency, employment, and legal equality. With regards
to the first issue, of all the land of Israel, 92 percent is considered to
be the “inalienable property of the Jewish people” as per Israel’s
Development Authority Law. In principle, Israel defines itself as a
“Jewish State”. In 1985, a Constitutional Law was passed by the Knesset
prohibiting the existence of a political party that openly opposes the
principle of Israel as “the state of the Jewish people”
or even
proposes to change this principle democratically. By this official
definition, Israel in fact “belongs to persons who are defined by the
Israeli authorities as ‘Jewish’, irrespective of where they live, and to
them alone. On the other hand, Israel doesn’t officially ‘belong’ to its
non-Jewish citizens, whose status is considered even officially as
inferior.”[58]
This means that 92 per cent of Israel’s land is owned by the state and
administered by the Israel Land Authority in accordance with Jewish
National Fund (JNF) regulations, which deny the right of residency, to
open a business and often to employment, to all non-Jews solely because
they are not Jewish. Yet Jews possess full freedom to reside or open
businesses throughout Israel without restriction. In practice this means
that Arabs are forced to live only in very limited areas. Indeed, although
Israeli Arabs are theoretically entitled to equal treatment, in reality
the regime ensures that their houses are demolished to make way to build
new homes for Israeli Jews, as and when is considered necessary.[59]
JNF regulations also officially deny
non-Jews their right to work on land administered by the Israel Land
Authority. Although these regulations are not necessarily strictly and
continuously enforced, their existence indicates the institutionally
racist nature of the State of Israel. The Israeli authorities do, however,
periodically embark on “enforcement campaigns”, such as when the
Agricultural Ministry has attempted to stamp out “the pestilence of
letting fruit orchards belonging to Jews and situated on National Land be
harvested by Arab labourers”, whether or not they are citizens of Israel.
Jews are also forbidden from sub-renting their land, or a part of it, to
Arabs, for any period of time – and accordingly punished with heavy fines
if found to be doing so.[60]
The right to equality before the law is
also denied non-Jewish citizens of Israel by numerous laws that refer to
Jews and non-Jews respectively as “anyone who can immigrate in accordance
with the Law of Return” and “anyone who is not entitled to immigrate in
accordance with the Law of Return.” The late Jewish scholar, Professor
Israel Shahak of Hebrew University - Chairman of the Israeli League for
Human and Civil Rights, a Holocaust survivor of the Bergen Belsen Nazi
concentration camp and a tireless campaigner for civil and human rights
for over 30 years - observes that: “Depending on the law in question,
benefits are granted to the first category [Jews] and systematically
denied to the second [non-Jews]… There are so many laws and regulations in
Israel which discriminate in favour of the persons defined as those ‘who
can immigrate in accordance with the Law of Return’.”[61]
Professor Uzi Ornan, writing in the Israeli
daily Ha’aretz, elaborates on the nature of this vast complex of
Zionist laws of the State that are racially discriminatory in character:
“Blatant discrimination against non-Jews can
also be found in other laws dealing with the acquisition of property,
government support for young couples, educational curricula, and
government expenditure for schools, to cite just a few examples. The
routine means for enforcing discrimination is the ID card, which everyone
is obliged to carry at all times. ID cards list ‘nationality’, which can
be Jewish, Arab, Druze, Circassian, Samaritan, Kara’ite, or foreign. When
a person presents his ID card to a policeman, a security official, or to a
clerk at a government office whose services he requires, they can know
which ‘sector’ he belongs to and treat him accordingly, or, refer him to
those who are responsible for dealing with his ‘sector’.
Apartheid is so
powerful a mindset in this society, that its existence and preservation is
championed by all the members of the ‘Zionist parties’, including those
who believe themselves to be in the vanguard of the struggle for
socialism, peace and equal rights.”[62]
Within the internationally-recognised
borders of the State of Israel, this has resulted in a documented
inequality between Jews and Arabs. The United Nations Committee on
Economic, Social and Cultural Rights, for instance, has found that
“although [Palestinian Arab citizens] comprise over 19 percent of the
total population… This discriminatory attitude is apparent in the lower
standard of living of Israeli Arabs as a result, inter alia, of lack of
access to housing, water, electricity and health care and their lower
level of education.”[63]
The United Nations Human Rights Committee concurs that there exist in the
State of Israel:
“… deeply imbedded
discriminatory social attitudes, practices and laws against Arab Israelis
that have resulted in a lower standard of living compared with Jewish
Israelis, as is evident in their significantly lower levels of education,
access to health care, access to housing, land and employment. It notes
with concern that most Arab Israelis, because they do not join the army,
do not enjoy the financial benefits available to Israelis who have served
in the army, including scholarships and housing loans. The Committee also
expresses concern that the Arab language, though official, has not been
accorded equal status in practice, and that discrimination against members
of the Arab minority appears to be extensive in the private sector.”[64]
The most dire state of affairs, however,
exists principally within those Palestinian territories under Israel’s
illegal military occupation. The plight of Palestinians within the
Occupied Territories has been compared by many scholars to the plight of
nonwhites under the apartheid regime of South Africa. Indeed, a comparison
between the conditions faced by nonwhites in South Africa and Palestinians
under Israeli occupation shows clearly that, like South Africa in the
1980s, the Israeli regime has integrated a system of institutionalised
racism, or in other words, apartheid. The British press, for example,
acknowledges that:
“If Palestinians
were black, Israel would now be a pariah state subject to economic
sanctions led by the United State. Its development and settlement of the
West Bank would be seen as a system of apartheid, in which the indigenous
population was allowed to live in a tiny fraction of its own country, in
self-administered ‘bantustans’, with ‘whites’ monopolising the supply of
water and electricity. And just as the black population was allowed into
South Africa’s white areas in disgracefully under-resourced townships, so
Israel’s treatment of Israeli Arabs - flagrantly discriminating against
them in housing and education spending - would be recognised as scandalous
too.”[65]
V. Discrimination Through the Expansion of Occupation: The Palestinian Bantustans
“I am a black South
African, and if I were to change the names, a description of what is
happening in the Gaza Strip and the West Bank could describe events in
South Africa.”
Archbishop Desmond Tuto during Christmas
visit to Jerusalem, 25 December 1989
(Originally from Ha’aretz, cited in
Palestine Perspectives, January/February 1990)
The apartheid regime in South Africa
(under the National Party from 1948-1993) developed a policy known as
“separate development.” Each of the nine African (Bantu) groups was to
become a nation with its own “homeland”. The regime first categorised
(according to arbitrary standards) and then transferred the indigenous
nonwhite populations into these specified territories (known as
“Bantustans”) under the Bantu Authorities Act of 1951. Subsequently, in
1956, the Promotion of Bantu Self-Government Act classified each specific
ethnic group as national units, who would develop their respective
homelands apart from the rest of South Africa. Once these “homelands”
received their independence, Transkei in October 1976, Bophuthatswana in
December 1977, Venda in September 1979, and Ciskei in December 1981, their
residents lost their South African citizenship. The totality of Bantustans
together consisted only of about 14 per cent of the country’s land, the
rest of which – including the cities and major mineral areas - was set
aside for whites. Thus, white South Africans, while only representing 16
percent of the total population maintained control over 87 percent of the
richest, most arable land. From 1960 to 1984, the apartheid regime
forcibly relocated a total of some 3.5 million blacks from “white” areas
to the barren wastelands of the territorially confined Bantustans, known
euphemistically as areas of “self-rule”.[66]
Nonwhites were not allowed to vote or
own land, movement to and between other parts of the country was strictly
regulated, and the location of residence or employment (in the event that
work permits were granted) was restricted. African urban workers were thus
seen to belong only to confined rural reservations from which they or
their ancestors had migrated. Only those holding the required work permits
– which were granted in tandem with the demands of the labour market -
were allowed to live within urban areas. Often, such permits did not
include the spouse or family of a permit holder, which could easily result
in the breakdown of African families. In fact, none of these reserves were
viable nations. The Bantustans constituted broken tracts of poor-quality
land, suffering from erosion and consequently incapable of supporting
their large populations. The lack of industry meant that opportunities for
employment were slim. Although urban wage earners tried to support their
families in the Bantustans, wages for nonwhites were so miniscule that
this was barely feasible. Most African urban dwellers had to live in
townships on a city’s perimeter. Those Africans who were not confined to
life in the Bantustans were subject to strict curfew regulations and
passbook requirements, particularly in the cities; the failure to produce
these when required led to instant arrest. Accordingly, the police had
sweeping powers of preventive detention - in 1962, the maximum detention
span was 30 days; but later this was extended to indefinite periods.[67]
There can thus be little
doubt over the stark similarities between the plight of the three million
Palestinians in the Occupied Territories and the darkest days of South
African apartheid. Due to Israel’s expansionist ideals, the State has
continued to embark upon policies designed to consolidate its already
brutal military occupation of Palestinian territories, which have been
subjected to a comprehensive programme of social, political and economic
under-development. These ideals are rooted in the original Zionist
intentions expressed by Ben-Gurion on the third day of the 1956 Suez War
in the Knesset, that the real reason for the war was the “restoration of
the kingdom of David and Solomon” to its Biblical borders.[68]
The most far-reaching interpretation of these borders include the
following areas: “in the south, all of Sinai and a part of northern Egypt
up to the environs of Cairo; in the east, all of Jordan and a large chunk
of Saudi Arabia, all of Kuwait and a part of Iraq south of the Euphrates;
in the north, all of Lebanon and all of Syria together with a huge part of
Turkey (up to lake Van); and in the west, Cyprus.”[69]
Although this is an extreme example of the Biblical borders of the Land of
Israel, even the minimalist interpretations include the whole of Palestine
and thus reach far beyond Israel’s internationally-recognised borders. The
current Israeli Prime Minister, Ariel Sharon, had previously proposed in
May 1993 in the Likud Convention that “Israel should adopt the ‘Biblical
borders’ concept as its official policy. There were rather few objections
to this proposal, either in the Likud or outside it, and all were based on
pragmatic grounds.”[70]
There can be no surprise then over the publication of previously secret
protocols of Israeli government meetings revealing “that David Ben Gurion,
prime minister and one of Israel’s founders, actually used the word
‘cleanse’ when referring to getting rid of Arabs.”[71]
Thus, Zionist ideology entailed that Israel would have to expand its
borders, which naturally included the expansion and consolidation of
military occupation of Palestinian territories – if not beyond these – as
well as the subordination and/or expulsion of non-Jewish Arab residents of
these territories.
Cato Institute analyst
Sheldon L. Richman reports that: “This policy [of expulsion] continued
well into the 1950s. Most of the 2,000 Arabs living in the zone had been
forced out by 1956. Many moved to the sloping land below the Golan
Heights.”[72]
This policy accordingly grew into a consistent pattern of expansion by
military intervention. Israel’s official military policy is thus one of
provocation for the purpose of manufacturing pretexts for war, to thereby
engineer justification for military expansion and thus the escalation of
regional occupation. In this respect, the observation of Israeli Defence
Minister Moshe Dayan clarifies Israel’s specific expansionist objectives
to be fulfilled through military confrontation:
“[Israel] must see the sword as the
main, if not the only, instrument with which to keep its morale high and
to retain its moral tension. Toward this end it may, no it must, invent
dangers, and to do this it must adopt the method of provocation – and
revenge…and above all, let us hope for a new war with the Arab countries,
so that we nay finally get rid of our troubles and acquire our space.”[73]
Israeli Chief of Staff
Rafael Eitan similarly described Israel’s longstanding strategy of
military aggression and racist subordination:
“We declare openly
that the Arabs have no right to settle on even one centimeter of Eretz
Israel.... Force is all they do or ever will understand. We shall use the
ultimate force until the Palestinians come crawling to us on all fours...
When we have settled the land, all the Arabs will be able to do will be to
scurry around like drugged roaches in a bottle.”[74]
This aggressive strategy
prescribing the tactical use of ruthless force to expand Israeli’s borders
and expel Arabs was described by Israeli PM David Ben-Gurion as early as
May 1948:
“We should prepare to
go over to the offensive. Our aim is to smash Lebanon, Trans-Jordan, and
Syria. The weak point is Lebanon, for the Moslem regime is artificial and
easy for us to undermine. We shall establish a Christian state there, and
then we will smash the Arab Legion, eliminate Trans-Jordan; Syria will
fall to us. We then bomb and move on and take Port Said, Alexandria and
Sinai.”[75]
The consequence of this
expansionist strategy has been disastrous for regional peace since
Israel’s inception. Award-winning British Middle East correspondent Robert
Fisk notes that:
“In 1948, Israel took
more than its share of Palestine. In 1967,… the Israelis took the West
Bank and Gaza and Golan and Sinai. In 1973, in a war with fewer excuses,
the Israelis lost and re-took part of the Sinai, did the same to Golan,
held the West Bank and, within five years, moved into 10 per cent of
Lebanon as well. In the West and with the help of Israel’s friends Arabs
were meanwhile vilified as uncivilised, undemocratic and anti-Western,
cartooned as hook-nosed, greedy and debauched much as the Nazi had
portrayed the innocent Jews of Europe in the 1930s… [I]f the cancer of the
Arab world is corruption, the sickness of Israel remains expansion, the
desire to enlarge the Israeli state at the expense of its neighbors. David
Ben-Gurion himself maintained in 1948 that his new state had only been
founded in ‘a portion of the state of Israel’.”[76]
Israel thus conquered the rest of Palestine in
the 1967 War, creating another 300,000 refugees, many of them refugees for
the second time. As Jewish scholar Alfred Lilienthal reports, UN figures
indicate that after the war, from 11 June 1967 to 15 November 1969 Israeli
forces “destroyed some 7,554 Palestinian Arab homes in the territories
seized during that war”. This UN figure, however, “excluded thirty-five
villages in the occupied Golan Heights that were razed to the ground.”
Notably, from September 1969 to 1971 the figure reached an estimated
“16,312 homes.”[77]
Having created hundreds and thousands of
refugees through and in the wake of the war, Israel had gone on to destroy
two cities, 133 villages and 61 farms. “After this devastation”, reports
the American group New Yorkers for a Just Middle East Peace (NYJMEP),
“only 6,396 inhabitants remained in the six villages left standing.”[78]
Israel has continued to implement this brand of policy to this day,
consolidating its illegal occupation by continuing the forcible
“cleansing” of Palestinians through demolishing their homes; establishing
illegal Jewish settlements within the Occupied Territories; diminishing
and restricting the rights and movement of those Palestinians left. Israel
General and Statesman Moshe Dayan recalled that:
“Jewish villages were built in the place
of Arab villages. You do not even know the names of these Arab villages,
and I do not blame you because geography books no longer exist, not only
do the books not exist, the Arab villages are not there either. Nahlal
arose in the place of Mahlul; Kibbutz Gvat in the place of Jibta; Kibbutz
Sarid in the place of Huneifis; and Kefar Yehushu’a in the place of Tal
al-Shuman. There is not one single place built in this country that did
not have a former Arab population.”[79]
These policies bear stark resemblance to the
South African apartheid regime’s methodology of forcibly relocating
millions of blacks into poor and squalid Bantustans, to make way for
whites to live in their former homes. For instance, NYJMEP reported in
1998:
“… On December 14, 1981, the Israeli Knesset
unilaterally annexed the Golan Heights in clear contravention of
international law. The UN Security Council subsequently declared the
annexation illegal and, to date, not a single state has recognized it.
Israel has so far built more than 40 settlements, housing over 15,000
settlers in the Golan Heights.”[80]
Since 1967, Israel has confiscated over 52
percent of the land in the West Bank and 30 percent of the Gaza Strip for
military use or for settlement by Jewish civilians, in violation of
international law. From 1967 to 1982, Israel demolished 1,338 Palestinian
homes on the West Bank. Furthermore, in a manner similar to the arbitrary
detention powers of South African police - used with impunity against
nonwhites, particularly those who failed to conform to the regime’s
apartheid laws - in the same period, more than 300,000 Palestinians were
detained without trial for various periods by Israeli security forces.[81]
A matrix of interlocking mechanisms in the Occupied Territories has
culminated in a system of ongoing land confiscations, stifling
restrictions on movement, and almost constant curfews, almost identical in
nature to the harsh conditions imposed on the black population of South
Africa by the white-dominated apartheid regime. Permits must be obtained
by Palestinians in the West Bank and Gaza for almost every activity,
including such basic freedoms as obtaining employment, traveling to
another town or even planting a single fruit tree. Yet the issuance of
such permits is largely arbitrary, and thus frequently refused by the
Israeli authorities. Consequently, it is virtually impossible for the vast
majority of Palestinians to live decently.
The clear but
undeclared parameters of this policy categorise the Palestinian population
into three subgroups: Arab Israeli citizens; Palestinians who are
“permanent residents” of Jerusalem; Palestinians living in the
“self-ruling” Bantustans described above. Discrimination against these
three groups is based ultimately on land: more specifically, ownership
rights to, access to and use of land resources. Israeli correspondent
Amira Hass reports that in the Occupied Territories, Israel’s policy of
evicting Palestinians en masse while confiscating their private land in
favour of Jews, forbidding their use of public lands and implementing
discriminatory practices in infrastructure development “has created a
uniform landscape of overcrowding and suffocation and has accelerated the
conversion of agricultural land into construction sites.” Combined with
restrictive economic legislation, the result has been the creation of “a
vast reservoir of cheap labor discriminated against in job opportunities,
pay and working conditions.” Meanwhile, Israeli Jews can live and work
wherever they want throughout Israel and Israeli settlements. Other laws
and regulations allow the easy cancellation and denial of Palestinian
residency rights, citizenship, and the citizenship and residence rights of
their spouses. Several military regulations have caused tens of thousands
of Palestinians to forfeit their residency status on the West Bank and in
Gaza prior to the establishment of the PA. Even now Israel continues to
prevent them and their families from returning to their homes. This should
be contrasted with the fact that Jews have the right to immigrate to
Israel from anywhere in the world, be granted citizenship immediately and
live anywhere they wish within Israel and the territories under its
illegal occupation. Israel has also enforced an increasingly rigorous
policy denying the over 3.5 million Palestinians toiling under Israeli
occupation of the West Bank and Gaza their basic right to freedom of
movement. Limits are imposed “on their private lives, family relations,
and economic, cultural and religious activities as well as on the
effective functioning of the PA’s institutions and of non-governmental
Palestinian agencies.” Indeed, both Palestinian individuals and
institutions “are completely dependent on movement permits issued by the
Israeli military authorities. Only 100,000 Palestinians possess these
permits.” In contrast, Israeli Jews have unrestricted freedom of movement
on either side of the Green Line, except for administrative entry
limitations on PA-controlled areas in Gaza.[82]
The Israeli human rights organisation,
B’Tselem (The Israeli Information Centre for Human Rights in the Occupied
Territories), has thus come to describe Israeli policies in occupied
Palestine as a form of apartheid. Executive Director of B’Tselem Eitan
Felner wrote in an article titled ‘Apartheid By Any Other Name: Creeping
Annexation in the West Bank’ for the French journal Le Monde
diplomatique based on an extensive B’Tselem report, that Israeli
settlement policies have been systematically “reinforcing the system of
discrimination in the West Bank”. Describing what he labels “Apartheid in
the Holy Land”, Felner records that:
“The massive network of roads and highways in
the West Bank that connect the major settlements to Israel represents the
most overt aspect of Israel’s relentless efforts to incorporate the
settlements and settlers into Israel. It makes it possible for settlers to
commute to Israel each day… Another aspect of the integration of the
settlements into Israel - less conspicuous but no less important - is the
application of virtually the whole Israeli legal system to the
settlements. Throughout the years Israel’s civil and military authorities
have enacted a myriad of laws, regulations, and orders relating to
settlers in the Occupied Territories to ensure that in almost every
respect the lives of settlers are like those of Israelis living in Israel
itself…”
The result, he writes, is the establishment of
a system of institutional racism against the indigenous Palestinians under
the alien regime of Israeli military occupation:
“Israel has
established a system of segregation and discrimination, in which two
populations living in the same area are subject to different systems of
law. While Palestinians are subject to military law and usually tried in
military courts, Israelis who commit the same offence in the same place
are subject to Israeli law and tried in civil courts inside Israel. Jewish
settlers enjoy all the rights of Jews in Israel, including complete
freedom of movement, speech and organisation, participation in local and
national (Israeli) elections, social security and health benefits, etc.
For Palestinians, on the other hand, even those living a few hundred
metres from Jewish settlements, freedom of movement is limited. They
cannot, obviously, vote to curtail the powers of the IDF and they do not
enjoy Israel’s social security or health benefits. In Africaans they call
it apartheid… [T]his institutionalised discrimination is spelled out in
the government’s basic guidelines.”[83]
This system of
institionalised racism is implemented through a complex web of mechanisms.
Israeli peace activist Jeff Halper, Professor of Anthropology at
Ben-Gurion University and Coordinator of the Israeli Committee Against
House Demolitions, has described in detail the “matrix” of mechanisms
resulting in the systematic discrimination against indigenous Palestinians
under Israeli occupation:
“Only a decade after
the fall of apartheid in South Africa, after we all thought we had seen
the end of that hateful system, we are witnessing the emergence of another
apartheid-style regime, that of Israel over the incipient Palestinian
state in the West Bank, Gaza and parts of Jerusalem… Whether a Palestinian
state actually emerges from the Oslo process or Israel’s occupation
becomes permanent, the essential elements of apartheid - exclusivity,
inequality, separation, control, dependency, violations of human rights
and suffering - are likely to define the relationship between Israel and
the Occupied Territories/Palestine.”[84]
Professor Halper describes
“the matrix of control” imposed by Israel as “an interlocking series of
mechanisms, only a few of which require physical occupation of territory,
that allow Israel to control every aspect of Palestinian life in the
Occupied Territories.” This matrix, “similar in appearance to a Go board,
has virtually paralyzed the Palestinian population without ‘defeating’ it
or even conquering much territory.” In the Japanese game of Go, one wins
by immobilising one’s opponent, through a process of gaining control of
key points of a matrix so that every time the opponent moves, an obstacle
of some kind is encountered. Extending the analogy to Palestine, the
matrix is built of subtle “largely bureaucratic and legal” interventions
“backed by overwhelming military force, which Israel reserves for itself
the right to employ.” Forcible measures of control taken against
Palestinian communities and individuals include “the extensive use of
collaborators and undercover ‘mustarabi’ army units, administrative
detention, arrest, trial and torture.” Indeed in this respect, by the end
of the year 2000, over 2,000 arbitrary ‘orders’ from “the Military
Commanders of the West Bank and Gaza have been issued since 1967,
supplemented by policies formulated by the Civil Administration, under the
direction of the Ministry of Defense…
“Today, 195 exclusively Jewish settlements
housing some 400,000 Israelis are sprinkled across the Occupied
Territories: about 200,000 settlers live in the West Bank, 200,000 in East
Jerusalem and 6,000 in Gaza (the latter occupying a fourth of the land,
including most of the coastline). The most significant development in
recent years has been the consolidation of small settlements vulnerable to
Palestinian demands of dismantling into settlement ‘blocs’ of 50,000
people or more. The blocs control strategic corridors of the West Bank and
interrupt the territorial contiguity of the Palestinians’ areas. Areas A,
B, C and D in the West Bank, areas H-1 and H-2 in Hebron, Yellow, Green,
Blue and White Areas in Gaza, and ‘open green spaces’ of restricted
housing covering more than half of Palestinian East Jerusalem - there is
no freedom of movement between these four disconnected bantustans.”
Like the euphemistic
application of the term “self-rule” to the administration of the South
African Bantustans by its white rulers, “self-rule” in the Occupied
Territories under the tutelage of the Palestinian Authority in fact only
serves to submerge Palestinians more deeply into Israel’s apartheid system
of management, control and subordination.
“A system of highways and bypass roads links
the settlements, creating additional barriers between Palestinian areas
and incorporating the West Bank into Israel proper. Ironically, the bypass
road project enjoys the tacit and misguided support of the Palestinian
Authority. ‘Security borders’ - the thick web of closed military areas and
internal checkpoints in the Territories - enforce Israel’s declared policy
of ‘separation’ from the Palestinians and further hinder Palestinian
movement.
“Army bases occupy large tracts of land and
keep weaponry ready for reasserting control through brute force… Yet a
third set of control mechanisms, the most subtle of all, are those of a
bureaucratic or ‘legal’ nature. They entangle Palestinians in
restrictions, which trigger sanctions whenever Palestinians try to expand
their life space. The West Bank and Gaza are permanently ‘closed’,
violating freedom of movement of people and goods and impoverishing the
Palestinian population. A system of permits causes, among other things,
prolonged separation of family members and limits work, travel and study
abroad. Building permits, enforced by house demolitions, arrests, fines
and daily harassment, serve to confine Palestinians to small enclaves.
Expansive ‘master plans’ around settlements (in contrast to the tight
planning rings around Palestinian communities) allow Israel to contend
that settlement building has been ‘frozen’ within the larger rings.
Planting of crops is restricted, and Israel controls the licensing and
inspection of Palestinian businesses.
“To all of this must be added, of
course, the psychological costs of life under occupation: loss of life,
imprisonment, torture, harassment, humiliation, anger and frustration, as
well as traumas suffered by tens of thousands of Palestinians (especially
children) who witnessed their homes being demolished, saw their loved ones
beaten and humiliated, suffered from inadequate housing and lost
opportunities to realize their potential in life.”[85]
It is this matrix of
control that has established apartheid conditions within the Occupied
Territories. Professor Uzi Ornan rightly observed in 1991 that “it is
amazing how closely the discriminatory laws of South Africa - which began
to be legislated in 1913 and which are now about to be abolished -
resemble the discriminatory laws which began to be legislated in the state
of Israel in 1948.”[86]
Israeli correspondent Amira Hass has noted the dire consequences:
“This control is what has enabled Israel
to double the number of settlers in 10 years, to enlarge the settlements,
to continue its discriminatory policy of cutting back water quotas for
three million Palestinians, to prevent Palestinian development in most of
the area of the West Bank, and to seal an entire nation into restricted
areas, imprisoned in a network of bypass roads meant for Jews only. During
these days of strict internal restriction of movement in the West Bank,
one can see how carefully each road was planned: So that 200,000 Jews have
freedom of movement, about three million Palestinians are locked into
their Bantustans until they submit to Israeli demands.”[87]
This has been accompanied
by the consolidation, as opposed to reduction, of Israel’s illegal
military occupation of Palestine through the expansion of Jewish
settlements in receipt of privileges systematically and officially denied
to the non-Jewish Palestinian population. The ultimate goal of these
policies is the expulsion of the Palestinian people from their homeland
which is to become the sole property of the State of Israel and its Jewish
citizens. As recorded by the respected Israeli journalist Danny
Rubenstein, “readers of the Palestinian papers get the impression (and
rightly so) that activity in the settlements never stops.
“… Israel is
constantly building, expanding and reinforcing the Jewish settlements in
the West Bank and Gaza. Israel is always grabbing homes and lands in areas
beyond the 1967 lines - and of course, this is all at the expense of the
Palestinians, in order to limit them, push them into a corner and then
out. In other words, the goal is to eventually dispossess them of their
homeland and their capital, Jerusalem.”[88]
Palestinians are thus
separated from Israel politically and geographically, albeit with the
Occupied Territories under the administrative domination of Israel. The
primary linkage between the State and the territories under its occupation
is economic, in the form of cheap labour and captive markets. The
population is confined in territorially non-contiguous Bantustans,
encircled by and controlled through a network of Israeli settlements,
roads and military checkpoints. Repression by PA security forces serves to
submerge Palestinians only more deeply within the Israeli-dominated
apartheid system. Israel has thus established a system of racial
discrimination against Palestinians and non-Jews, in both law and
practice. This system consists of an increasingly brutal and tightening
military occupation that utilises ethnic cleansing amidst a policy of
geographical division and socio-economic deprivation to further
marginalise the indigenous population. All this is pursued in violation of
an endless number of UN resolutions ordering Israel to halt the oppression
of Palestinians and cease its occupation of Palestine.
VI. Aspects of Israel’s Racial Subordination of Palestinians
“Everybody has to move, run and grab as many hilltops
as they can to enlarge the settlements because everything we take
now will stay ours... Everything we don’t grab will go to them.”
Current Israeli
PM Ariel Sharon, then Israeli Foreign Minister, addressing a
meeting of militants from the extreme right-wing Tsomet Party
(Agence France
Presse, 15 November 1998)
VI.I Settlement,
Colonisation and Ghettoisation
Annexations, expulsions and the
creation of settlements are specifically prohibited by international
law. The Fourth Geneva Convention, in Article 47, prohibits the
annexation of occupied territory, and the United Nations has
repeatedly condemned Israel’s annexation of East Jerusalem and a
wide belt of surrounding suburbs, villages and towns. Article 49 of
the same convention prohibits the forcible transfer or deportation
of residents from an occupied area, regardless of motive. And yet
thousands of Palestinians have been expelled, their homes demolished
to rubble to make way for settlers to build their own houses.[89]
Article 49 also forbids the transfer by an occupying Power of any of
its civilian population into occupied areas. And yet during the
1980s alone, over 90,000 Israeli Jews have been officially “settled”
within the illegally-annexed Jerusalem district, and more than
30,000 others had been “settled” in some 100 nahals (military
forts), villages and even towns that the Israeli Government has
authorised, planned, financed and built in unannexed zones beyond
the 1949 ceasefire line. Fifteen settlements have been erected
within the boundaries of East Jerusalem since 1967. These
settlements occupy a total area of 24 Km² from the Arab-populated
eastern part of the city (around 34 per cent of East Jerusalem). The
settler population in East Jerusalem alone is 180,000 – very close
to the number of Palestinians living in the eastern part of the city
(210,000).[90]
There has been a consistency in the
increase and expansion of Israeli settlements from 1967 to the
present day. By the end of 1967, there were only 3 settlements in
total (concentrated in the West Bank), whereas now, this figure has
risen to 195. 18 settlements have been established in Gaza Strip,
and 177 in the West Bank (including Jerusalem). Israeli government
spending on the construction of settlements has been very
significant over the years. Israeli figures confirm that in 1995 an
amount of USD 95 million was allocated for the construction of
settlements in the West Bank alone (including Jerusalem).
This is
a clear indication that there has never been an Israeli intention of
freezing settlement activity. The settler “population” is equally
striking in terms of size and distribution. The current number of
settlers residing in Gaza Strip and the West Bank (including
Jerusalem) has reached a total of 349,327; of which 163,161 are
located in the West Bank, 180,000 in Jerusalem, and 6,166 in Gaza
Strip (from which the Israelis were supposed to withdraw). Since
1967, Israel has confiscated almost 750,000 acres of land from the
1.5 million acres comprising the West Bank and Gaza Strip.[91]
Israel claims that its settlement policy
is based on sincere concerns for the security of the State from
Palestinian terrorism. This is a disingenuous argument. As noted in
a special report on the settlements by the U.S. Foundation for
Middle East Peace
“Settlements
have long represented an Israeli intention to remain permanently on
the land and to control its destiny, necessarily at the expense of
Palestinians. Without settlements, as Israelis have long
acknowledged, they would be merely an ‘occupying’ army. The
implantation of civilian Israeli colonies is, therefore, the primary
obstacle to Palestinian self-determination.”[92]
Indeed, former Israeli Prime Minister
Yitzhak Shamir once commented that if he had remained in power, he
would have stretched peace negotiations for over ten years; his aim
being to settle as many Jews in negotiable Palestinian territories
until there would be nothing to negotiate for.[93]
Other prominent Israeli leaders have expressed similar views.
Israeli analyst Ze’ev Schiff reports, for instance, that “Sharon’s
plan called for the creation of settlements, even very small ones,
throughout the West Bank.” Ariel Sharon’s political goal “was to
sabotage any possibility of territorial contiguity for the
Palestinians and, thus, to prevent the establishment of a
Palestinian state.”[94]
The frequent refusal of Israeli
authorities to grant construction permits to Palestinians who wish
to build on privately owned land has left the latter with no choice
but to take extreme risks in building regardless of the required
Israeli approval. Such risks are, more often than not, followed by
sweeping Israeli bulldozers. Hundreds of Palestinian houses are
demolished every year. Since 1987, Israeli military forces have
demolished at least 2,650 Palestinian homes in the Occupied
Territories. In the West Bank (excluding East Jerusalem) the number
of people rendered homeless since 1987 is about 14,500 (of which at
least 6,000 are children). Since 1995 (Oslo II) as many as 5,000
Palestinians have been made homeless, including 2,000 children. An
extensive report by Amnesty International, Demolition and
Dispossession: the Destruction of Palestinian Homes, confirms
that:
“Since 1987
at least 16,700 Palestinians in the West Bank, including East
Jerusalem, have been made homeless and tens of thousands of
Palestinians currently live under constant fear of their homes being
demolished by Israeli authorities. The demolitions occur because the
Israeli government refuses to grant building permits to Palestinians
- even to develop land that has belonged to their families for
generations - and uses the lack of the permits to justify razing
homes.”[95]
The Jerusalem-based human rights
organisation, LAW (The Palestinian Society for the Protection of
Human Rights and the Environment)[96]
records that in 1999 alone “460 Palestinians received notifications
that their houses or barracks or other facilities would be
demolished. Most of these properties are located in Jerusalem and
Hebron.” At least 39 Palestinian homes were demolished in this year,
of which over 20 were in Jerusalem, leaving well over 140
Palestinians, including 70 children, homeless.
On Amnesty International’s analysis,
Israel’s policy of demolishing Palestinian homes “is based on
discrimination: Palestinians are targeted simply because they are
Palestinians…
“In carrying
out this policy, Israeli officials have ignored the Fourth Geneva
Convention, which requires the occupying power to protect the
welfare of the people in the areas it has occupied, and
international human rights law, which recognizes the right of
everyone to an adequate standard of living, including housing. They
have… discriminated in application of the law, strictly enforcing
planning prohibitions where Palestinian houses are built and freely
allowing amendments to the plans to promote development where
Israelis are establishing settlements… The policy of house
demolitions, based on a misuse of planning mechanisms and closely
linked to the confiscation of land and the growth of Israeli
settlements, is a grave human rights violation against the
Palestinian residents of the West Bank, including East Jerusalem.”[97]
AI also admits that Israel’s
objective since 1967 “has been to transform the ethnic character of
the annexed area [of East Jerusalem] from Arab to Jewish”, and is
thus racist by intent. “Israeli demolition policy in East Jerusalem
is based on similar premises as in the rest of the West Bank:
construction of settlements restricted to Jews, confiscation of land
for exclusively Jewish use, and restriction and demolition of
Palestinian development.” Israeli policy has meant that over
one-third of the Palestinian population of East Jerusalem “lives
under threat of having its houses demolished. The number of houses
now threatened is three and a half times greater than the number
that has been given permits since 1967.” Together with other Israeli
policies such as massive land confiscations, the building of
Jewish-only settlements and by-pass roads in the Occupied
Territories, and the expulsion of Palestinian residents of
Jerusalem, home demolitions are designed to strengthen Israel’s grip
on Palestinian land.[98]
Indeed, the European Union (EU) funded
project, Monitoring Israeli Colonizing activities in the Palestinian
West Bank and Gaza,[99]
accurately describes Israeli settlement policies as an illegal form
of colonization:
“It has been
common practice to refer to Israeli built up areas in the West Bank
and Gaza as ‘settlements’, yet this label is misleading. When people
move to live in a particular part of their
country, they are ‘settling’ and that’s legal.
However when they move to live in the land of other
people, they are ‘colonizing’ and that’s obviously illegal
. According to international law, the West Bank and Gaza Strip are
‘occupied territories’ since Israel took them through military force
in the aftermath of the 1967 War. Thus it is very important to
stress that Israeli activities in the West Bank and Gaza are
‘colonizing’ activities, what they are building are ‘colonies’, and
the people living in them are ‘colonists’. Furthermore, the Israeli
Supreme Court describes them as ‘Jewish’ settlements since only Jews
live in them. Hence the correct name for those illegal settlements
is ‘Jewish Colonies’.”[100]
The Monitoring Israeli Colonizing
Activities Project reports that the establishment of “Jewish
colonies” is compounded by the establishment of a network of “bypass
roads”, purportedly built for the use of Israeli settlers to link
different settlements in the Occupied Territories together and with
the State of Israel. Simultaneously, the roads “bypass” Palestinian
areas, thus establishing a physical separation between the two
peoples. The two goals of Israeli occupation of the West Bank and
Gaza Strip – separation and territorial expansion – are secured by
the construction of these roads. Also called “lateral roads”, they
are of course under Israeli control and entail a 50-75 metre buffer
zone on each side of the road. Palestinian houses are frequently
bulldozed in order to clear the land for the buffer zone, and
Palestinians are additionally forbidden to use the land for
cultivation or any kind of construction activity. Such zones thus
result in the confiscation of vast amounts of Palestinian land. The
bypass roads thus effectively carve up the Palestinian areas into
isolated ghettos and often deprive Palestinians of vital
agricultural land. To date, the construction of bypass roads has
included the confiscation and destruction of approximately 52.1 km²
of Palestinian land, most of which is agricultural.
The construction of bypass roads
commonly occurs along the perimeter of Palestinian built-up areas.
The roads create boundaries around Palestinian areas, fragmenting
both land and people into isolated enclaves. The resulting ghettos
of Palestinians swiftly grow overcrowded due to their inability to
expand and absorb the natural population growth, leading to the
halting of development and the eventual depletion of natural
resources. Within this system, and as already discussed above,
Palestinians and Jewish settlers are:
“… subject
to two different sets of laws that discriminate against the
Palestinians and entrap them in a legal system designed to
legitimise the occupation and disenfranchise them from their land.
Even though the Jewish colonists and Palestinians inhabit the same
land, the colonists enjoy a quality life and access to natural
resources that vastly exceeds that of the Palestinians. The
situation thus created resembles an apartheid system.”[101]
For example, on the southern edge
of the West Bank a string of Israeli colonies stretches from
Eshkolot in the west to Nof Nesher in the east. There are two bypass
roads here built by Israel that link these colonies while
simultaneously severing the connection of many Palestinian villages
on either side. All the land and villages south of the bypass road
are in danger of being annexed to Israel. The overall impact is one
of unequivocal separation between the Palestinians - enclosed within
their ghettoized enclaves or “Bantustans” - and the Jewish
colonists, along with a situation conducive to Israel’s territorial
expansion. Despite the lack of official recognition of such an
expanded “border”, it functions as such due to the restrictions on
Palestinian growth and movement caused by the bypass roads and
Israeli and PA military checkpoints. A similar state of affairs
hangs over East Jerusalem. In the south of Jerusalem bypass roads
have been constructed around the Gush Etzion settlement block, with
the effect of separating it from the heavily populated Palestinian
area of Bethlehem. The annexation of the Gush Etzion colony block
would thus involve the absorption of several Palestinian villages.
The building of bypass roads goes hand in hand with
the construction of the Jewish settlements or colonies they serve,
by carving the Occupied Territories into many small, enclosed,
disconnected Palestinian areas over which Israel has overall
control. As time has passed, Israel has only intensified and
accelerated its policy of constructing new bypass roads in the West
Bank territories.[102]
Human Rights Watch reports some recent
developments in this regard in its annual report for 2001:
“According
to government figures, settlement construction in the
Israeli-occupied West Bank and Gaza Strip increased by 96 percent in
the first half of 2000, with 860 of the 1,067 new starts in the
Jerusalem area. At the same time, demolitions of Palestinian homes
built without permits in the Israeli-occupied territories and in
Israel continued, as did forced expulsions and expropriation of
Palestinian land. In October and November 1999, Israeli authorities
expelled some seven hundred Palestinian cave dwellers from the Mount
Hebron area of the West Bank, and destroyed or confiscated their
homes and their personal property, including livestock. The
government alleged that the area where the cave dwellers had lived
for decades was a ‘closed military zone.’ An investigation by the
Israeli human rights group, B’Tselem, concluded, however, that the
area had not been used for military exercises, and the expulsion was
more likely intended to placate Jewish settlers whom the government
had recently removed from a nearby illegal settlement outpost.”[103]
VI.II Socio-Economic
Deprivation
Israeli control over the Palestinian
Bantustans of the Occupied Territories has involved the
implementation of policies that result in the systematic violation
of the social and economic rights of the Palestinian populace. The
Jerusalem-based human rights group LAW found in August 1997 - this
time 4 years ago - that Israel’s “main aim is to inflict as much
damage as possible on the Palestinian economy, to create despair
within the Palestinian community and to force them to accept Israeli
security conditions on an unjust peace.” Israel therefore implements
“a policy of total isolation and economic strangulation” which
“results in massive economic loss, a degradation in health care
[and] serious ramifications for those needing medical care and for
schooling.” LAW observes that: “This kind of collective punishment
has proved inefficient in reducing tension and minimizing violence,
as it punishes only the innocent.” Such brutal collective punishment
is what provokes “violence inside and outside the West Bank and Gaza
[which] can be traced to this Israeli policy and the hardship it
entails.”[104]
Assessing the precise impact of Israel’s
policies in the Occupied Territories is difficult. The World Bank,
in a draft of its September 1993 study, Developing the Occupied
Territories - An Investment in Peace, concluded that:
“Confiscation of
Palestinian land has enabled Israel to proceed with the construction
of settlements and related structures in various areas of the West
Bank that were traditionally considered to be wilderness zones. Most
important among these are the eastern slopes and the central part of
the West Bank which once housed a variety of wildlife and provided a
winter grazing ground for livestock and recreation for the local
population. . . . Similarly, building agricultural settlements in
the Jordan Valley has gradually deprived the Palestinian inhabitants
of these areas of their richest soils and water wells. A similar
situation has developed in the Gaza Strip where settlements have
encroached upon fertile inland and coastal areas. The Israeli
settlement program was not accompanied by adequate and proper
environmental considerations. None of the settlements have developed
sewage treatment plants. Sewage is often allowed to run into valleys
even if a neighboring [Palestinian] village is threatened. The
sewage system of the settlements on the eastern hills and slopes
north of Jerusalem has contaminated fresh water supplies for
drinking and irrigation of Palestinian areas up to Jericho.”
Indeed, it is access to water, rather
than merely scarcity of land that constitutes the greatest obstacle
to Palestinian agricultural development. For Israel, the task of
securing unimpeded access to water has been a vital precondition for
sustaining the State and its massive Jewish immigration and
settlement policies. According to a 1992 report for the American
Academy of Arts and Sciences by Miriam Lowi, “almost the entire
increase in Israeli water use since 1967 derives from the waters of
the West Bank and the Upper Jordan River.”
The Israeli Ministry of Agriculture has
inadvertently admitted that the State intends to consolidate its
occupation of Palestine to control access to water. The Ministry
stated in 1990 that relinquishing control of the West Bank would
have “an immediate and significantly detrimental effect on the
Israeli water supply,” and that giving up Palestinian water would
constitute “mortal dangers” for Israel and “would, in a most
tangible way, endanger her continued existence…
“It is
difficult to conceive of any political solution consistent with
Israel’s survival that does not involve complete, continued Israeli
control of the water and sewerage systems, and of the associated
infrastructure, including the power supply and road network,
essential to their operation, maintenance and accessibility.”[105]
While approximately 85 percent of the
water in the large aquifer below the West Bank is currently used by
Israeli settlers or pumped into Israel, Palestinian water
consumption in the Occupied Territories has been sharply curtailed.
Average water use per capita among Palestinians is 25 cubic meters
per year, whereas the average Israeli rate is 170 cubic meters
annually. In some areas, Palestinian water use falls far below the
level determined by the United Nations as necessary to maintain
minimal health standards. Palestinians are also forbidden from
drilling new wells or deepening existing ones.[106]
The Associated Press reports that “water politics are [now]
paramount. Palestinians receive a fraction of what goes to Jews,
which adds hard immediacy to the slow process of making peace…
“The imbalances
are striking. In the West Bank, some Palestinians trudge long
distances for water, at times within earshot of youths frolicking in
the swimming pools of Jewish settlements built in their midst. In
the Gaza Strip, a few thousand Jewish settlers have ample water
piped from Israel while a million Palestinians pump the last
drinkable dregs of underground rivers polluted by encroaching
seawater and sewage.”
[107]
According to the respected Israeli
human rights monitor, B’Tselem, Israelis receive five times as much
water as Palestinians on a per-person average. In Gaza, the water
ratio is 7-1. Thus in practice, Israel dominates water projects
because operating arrangements with the Palestinians give it veto
power over new water projects in Palestinian territories. During
shortages, Israel frequently cuts supplies to Palestinians to
satisfy the demands of its own citizens and settlers. This dire
neglect of Palestinian rights has meant that their water systems are
inadequate and badly degraded in places. According to B’Tselem, at
least 215,000 West Bank Palestinians with no piped supply have to
survive on costly bottled water when nearby springs go dry.[108]
The disparity is highlighted in the
following example:
“In Efrat,
an illegal Jewish settlement built on Palestinian land in the West
Bank, pizzeria owner Mordechai Goodman was puzzled when asked about
water supply. We just turn on the tap, he said, with a shrug. In the
neighbouring Palestinian city of Hebron, where homes might get a few
hours of running water a month, people rig makeshift tanks in
basements. Cherished vegetable plots have withered away.”[109]
Indeed, according to B’tselem,
“two hundred thousand Palestinians living in 218 West Bank villages
are not connected to a water network, and therefore have no running
water. This population suffers a severe water crisis.” The crisis
has meant that Palestinians “are unable to meet their basic water
needs, including basic hygiene, house cleaning and using the toilet,
and as a result, face significant health risks.” Restrictions on
freedom of movement by Israeli forces “aggravate the crisis”, making
it difficult for water tankers to transport water to Palestinian
communities. There are two principal factors behind the water
crisis: “the extremely inequitable division of the water sources
shared by Israel and the Palestinians” and “Israel’s failure to
invest in water infrastructure throughout the years of occupation.”[110]
There is also a growing shortage of basic foodstuffs in the West
Bank and Gaza markets. Due to Israel’s policy of blocking
Palestinian civilians’ freedom of movement, farmers and fisherman
are often unable to access their fields or fishing sites. Thus, “the
Palestinian population, and especially the families who rely on
their own produce, also face hunger and economic losses.” LAW
reported in 1997 that the “supply of dairy products is decreasing by
40% every day [while] the unemployment rate has risen from 40% to
75% in Gaza and from 35% to 65% in the West Bank.”[111]
In its World Report 2001 Human Rights Watch (HRW) similarly
reports that: “Labor conditions for foreign and Palestinian workers
remained poor. Palestinians faced widespread discrimination in
employment, while foreign workers were especially vulnerable to
exploitation by employers and labor contractors.”[112]
HRW finds that Israel’s continuing
extensive control over, and restrictions on, the freedom of movement
of all West Bank and Gaza Strip Palestinians have resulted not only
in the obstruction of Palestinian economic activity, but also access
to health care, schools and universities, places of worship, and
family members in other parts of the territories or in Israeli
prisons. The human rights monitor notes that “the arbitrary nature
of the criteria for issuing travel permits and their indiscriminate
imposition on an entire population [have] assured that the
restrictions remained a form of collective punishment”, despite the
opening of so-called “safe passages”.[113]
With regards to healthcare, one representative example has been
referred to by LAW: “In a serious and racist precedent, the Hadassa
Ein Kerem administration expelled Palestinian patients from the
hospital after the bombings in West Jerusalem” in 1997. “In similar
incidents the majority of patients in Palestinian hospitals awaiting
transfer to Israeli, Egyptian or West Bank hospitals were denied
passage.” Israel has also “been hampering the movement of ambulances
between West Bank towns, resulting in serious difficulties for local
medical services”, while “medical personal were barred from resuming
their duties at hospitals.” Thanks to a variety of such policies,
hospitals in the West Bank lack both medical and human resources,
including “a serious shortage of vaccinations and of medicine
required [to treat] such diseases as cancer, diabetes and
hypertension”, as well as depletions in “supplies of other necessary
medical materials and implements”.[114]
Reporting on the findings of a recent HRW study released in April
2001, Center of the Storm: A Case Study of Human Rights Abuses in
the Hebron District, the Hebrew daily Ha’aretz notes the
ongoing degradation of health services for Palestinians: “Medical
personnel are unable to do their work; health care is delayed;
ambulances are stopped en route, dodging gunfire shot by Israeli
security forces.”[115]
Israel’s imposition of further
blockades on Palestinian territories in the wake of the uprising
that began in October 2000 has exacerbated these grave conditions.
The closures further restrict movements in and out of Palestinian
areas and between towns and villages, comprehensively crippling
almost all forms of socio-economic activity. A study conducted by
the UN’s special co-ordinator of the Occupied Territories (UNSCO)
has found that as a consequence of Israel’s strangulation of the
territories, more than one third of Palestinians were living below
the poverty line by the end of 2000, compared with 21 per cent in
September. The authoritative report, analysing the effects of
Israeli closures of the occupied West Bank and Gaza Strip, forecast
that the outlook for the Palestinian economy in 2001 was grim. UNSCO
describes the blockades imposed last year and still in force as “the
most severe movement restrictions imposed on the Palestinian
population and territory since 1967”, when Israel occupied the West
Bank and Gaza Strip. Many Palestinians thus have depended on finding
work within the internationally-recognised borders of the State of
Israel proper for which they have required permits issued by the
Israeli authorities. Yet while 52,000 Palestinians had Israeli work
permits in September 2000, only 4,000 had them by the end of the
year. Further, those who still had permits were not able to use
them. The combination of closures and increased unemployment has
resulted in an 8.2 per cent fall of gross domestic product in 2000.[116]
The consequence for Palestinians is that: “The level of poverty in
the West Bank and Gaza Strip is among the highest in the Middle East
and North Africa. Poverty in the Palestinian self-rule areas places
them among some of the lowest income countries in the world”,
similar to “states such as Nicaragua, Ghana and Vietnam.”[117]
Towards the end of last year the
situation had degraded to such an extent that half the Palestinian
population in the West Bank and Gaza - 1.5 million people - could go
hungry because of Israel’s tightening military and economic
blockade. British journalist Suzanne Goldberg reports that:
“Israel’s blockade on the West Bank and Gaza has… pummelled the
Palestinian economy and brought 3m people - the overall population
of the two territories - to the point of ruin…
“… In Gaza, where hundreds of thousands
of refugees are penned into miserable concrete warrens, the
population is especially vulnerable. A third of the labour force has
been turned out of jobs in Israel, and tens of thousands of others
have lost local work in the building industry because of a blockade
on concrete. By next month about 892,000 people in Gaza, including
635,000 refugees, will have exhausted their savings and will need
food aid, UNRWA and the WFP predict. Some 554,000 of their
Palestinian cousins in the West Bank, who include some 450,000
refugees, are in similar trouble. By conservative estimates, that
means 1.45m of the 3m people in Gaza and the West Bank will need
food aid. To feed them, and to rebuild homes and infrastructure,
UNRWA is asking donors for $39m (£27.5m) for the next three months.
The WFP wants $4m (£2.8m) to cover next month’s food aid… ‘People
cannot pay for electricity, water, tuition for their children,
school supplies. Some cannot buy meat,’ said one field officer.”[118]
VI.III Military
Subjugation
Palestinians in the Occupied
Territories, unlike Jewish citizens and settlers, are consistently
subjected to forms of military abuse systematically perpetrated by
the Israeli Defence Force with impunity. In its World Report 2001
HRW found that: “Palestinians passing through Israeli checkpoints
were frequently subjected to harassment, physical abuse, and even
torture by Israeli soldiers and police.” Examples of such policies
are numerous. The two cited in HRW’s annual report include “a
well-publicized incident on September 6”, when:
“… [T]hree
Palestinian laborers required hospital treatment after being beaten
by border police at a checkpoint. During the attack the police
photographed themselves with their victims, and the unit commander
later told Ha’aretz, ‘What we did was not special. Everybody does
it.’ Other incidents resulted in deaths, as on July 9 when soldiers
fired on a taxi carrying Atidal Muammer, killing her and injuring
her husband, two children, and other passersby. Following an
investigation, the IDF said the killing was ‘a terrible mistake,’
and stated that its soldiers were responding to shots from a
different vehicle. However, no such vehicle was recovered and no
spent cartridges were found at the scene of the shooting.”[119]
Rabbi Lynn Gottlieb who serves on the
board of the Jewish Peace Fellowship and who visited Israel in 1998
as part of an interfaith delegation to the West Bank and Gaza,
describes the comprehensive military repression of Palestinians in
the Occupied Territories, a state of affairs highly unbefitting of a
regime purporting to be democratic:
“Israel
continues to use torture, collective punishment, annexation and
destruction of occupied territory, denial of food and medical
supplies, arbitrary arrest, detention and imprisonment, execution
without fair legal process, forced exile and the daily humiliation
of security checks to manage Palestinians living under Israeli
military rule. Between 1,000 and 1,500 Palestinians are arrested
every month and as many as 80 percent of those arrested undergo this
form of interrogation, which falls under the category of ‘torture’
by all international definitions. The use of torture is officially
permitted by the Israeli Supreme Court and has been documented by
the US State Department, Human Rights Watch, Amnesty International,
Israeli Physicians for Human Rights, the International Committee of
the Red Cross and numerous Israeli and Palestinian human-rights
groups.”[120]
Israel’s use of torture against
Palestinians is systematic. According to the nongovernmental Public
Committee against Torture in Israel (PCATI), Israel’s General
Security Service (GSS) has “continued to employ interrogation
techniques including beatings, sleep deprivation, prolonged periods
handcuffed to chairs, placing detainees with ‘collaborators’ who
beat, tortured, and threatened them to obtain confessions; and long
periods of incommunicado detention.” Indeed, the summary of a 1995
state comptroller report proved that high-ranking GSS officers had
condoned “serious and systematic violations” by GSS interrogators
between 1988 and 1992, and had lied to judges. Despite the
revelations, no actions were taken to prosecute individuals who had
been responsible for torture. Indeed, the Knesset has continued to
“consider draft legislation to legalize torture in cases where a
suspect was believed to have information that could stop an imminent
attack.”[121]
It is thus not surprising that B’tselem
has found that “the use of violence by members of the security
forces against Palestinians is a phenomenon that has accompanied the
occupation for many years…
“… beatings
and abuse by members of the security forces have become part of the
daily routine of Palestinian residents of the Occupied Territories.
Although most cases of abuse are ‘low intensity’ ones, such as
slaps, kicks, insults, unnecessary delays at blocks or humiliating
treatment, periodically, cases of severe violence are uncovered… To
this day, the military establishment has made no real effort to
unequivocally articulate to its forces in the Occupied Territories
that abuse is strictly forbidden, and that those who conduct such
acts will be severely punished… Testimonies of such abuse constantly
reach B'Tselem and other human rights organizations. The fact that
the soldiers did not bother to deny their actions when speaking to a
B'Tselem researcher, and in fact justified them, is the best proof
that the military's education and information activities against
such violence are mere lip service, rather than a frank attempt to
eliminate the phenomenon once and for all.”[122]
Israel’s use of military force
during the current Intifadah – and the contrived pretexts invented
to justify it - also bears similarity to South Africa’s policies
during the apartheid era. In the report of Giorgio Giacomelli, an
independent rapporteur mandated by the UN Commission on Human Rights
to monitor the Occupied Territories, the UN investigator found that
“the scale of [Israel’s] violation is unprecedented. It is worthy of
note that the number of deaths caused by Israeli forces so far
approximate the number killed in the first four months of the
intifada, in 1987-88.” Israeli forces “appear to have
indiscriminately used excessive force in cases where there was no
imminent threat to their lives,” according to Giacomelli, who met
Palestinian Authority representatives, Palestinian and Israeli
non-governmental organizations, international organizations, human
rights monitors, medical professionals, and some wounded. “Whether
in cases of Israel Defense Forces or Israeli police actions, deadly
force is used without warning, and without employing deterrence or
gradual measures consistent with the minimum standards and methods
of crowd control or management of civil unrest.” The report also
found that about 40 percent of Palestinians wounded by Israeli
occupation forces were under age 18, and that at least half of the
injuries resulted from the use of live ammunition.[123]
An extensive investigation by
The Village Voice based on
“more than 100 interviews [with] patients, doctors, and medical
personnel in 14 hospitals and clinics in Jordan and the West Bank”
found that: “With no shooting from the Palestinian side, and often
little or no use of tear gas to disperse the protests, Israeli
soldiers have repeatedly fired live ammunition into unarmed crowds.”
Consequently, “Thousands of Palestinian young men and boys may
become permanently crippled from bullet wounds suffered during the
last five months of stone-throwing protests against Israeli rule.”
Many of the thousands of injuries “came when unarmed people were
shot.” Amnesty International concluded in its October 2000 report
that: “The Israeli security services were almost invariably
well-defended, located at a distance from demonstrators in good
cover, in blockhouses, behind wire or well-protected by riot
shields.” The pretext for the use of lethal force, AI found, was
simply a fabrication. “Certainly, stones—or even petrol bombs—cannot
be said to have endangered the lives of Israeli security services in
any of the instances examined by Amnesty International.” One Israeli
sniper privately revealed that soldiers are permitted to
shoot at Palestinians who pose a potential threat, as long as they
appear to be over the age of 12. “Twelve and up is allowed,” he
confessed. A senior IDF officer also admitted: “Nobody can convince
me we didn’t needlessly kill dozens of children.”[124]
This conclusion has been corroborated again and again by
international observers. In the most recent report by Human Rights
Watch, focusing on Hebron District as a case study, the American
rights monitor found that:
“… a leading
source of human rights abuse in Hebron is the excessive use of
lethal force by Israeli security forces in clashes with Palestinian
demonstrators, many of whom are unarmed and pose no dire threat to
the Israeli security personnel, or anybody else… Many of the
Palestinians who have been killed or hurt by IDF fire in the
vicinity of demonstrations were pedestrians - this fact conveys a
hint that some IDF soldiers have fired indiscriminately in populated
areas.”[125]
Several medical sources report that an
alarming number of Palestinians are injured in the head or legs
(knees), with carefully aimed shots, and, increasingly, live
ammunition. Many will not recover, or will be disabled for life.[126]
To understand the extent of Israel’s daily crimes, it is essential
not only to take note of the rapidly growing number of dead, but
also the number and nature of injuries. The breakdown of casualties
on merely two days near the beginning of the Intifadah by Israeli
commentator Professor Tanya Reinhart of Tel Aviv University, clearly
illustrates the scale of Israel’s violence against the Palestinians:
“By
afternoon that day [Friday 3 November 2000] there were 276 people
injured (LAW report, Nov 3), and by the final count ‘Up to 452
Palestinians were hurt on Friday across the territories, according
to the Red Crescent’ (Ha’aretz, Nov 5). On Saturday, October 4th, as
the media covers in great length of Barak’s ‘plea to Palestinian
leader Yasser Arafat to return to the negotiating table and stop the
Palestinian-Israeli bloodshed for the sake of peace’ (AP), ‘another
153 were treated for injuries sustained in clashes with Israeli
troops’ ('ha'aretz'), including ‘5 school children from Sa’ir (near
Hebron) who are in extremely critical condition’ (ADDAMEER –
Prisoners’ Support and Human Rights Association, Nov 4.)”[127]
This pattern of injuries is not
accidental. Dan Ephron, a Boston Globe correspondent in
Jerusalem reported the highly significant findings of the Physicians
for Human Rights (PHR) delegation to the Occupied Territories:
“American doctors who examined Israel’s use of force in the West
Bank and Gaza Strip have concluded that Israeli soldiers appeared to
be deliberately targeting the heads and legs of Palestinian
protestors, even in non-life-threatening situations.” The doctors in
the delegation have pointed out that law enforcement officials
worldwide are trained to aim at the chest in dangerous situations
(since it is the largest target). The delegation, however, found
that Palestinians were consistently hit in the head and legs. The
findings show two things: firstly, that there was no
life-threatening situation - soldiers had ample time to perfect
their aim and target Palestinians for fatality or injury; secondly,
they were deliberately trying to harm unarmed people.[128]
With a stable average of five casualties
a day, Israel believes it can continue its policies of military
repression “undamaged” for many more months. Israeli journalist
Arieh O’ Sullivan quoted from Jerusalem (October 27) a 20 year old
Israeli soldier, Sgt Raz, a sharpshooter from the Nahshon battalion:
“I shot two
people... in their knees. It’s supposed to break their bones and
neutralize them but not kill them… How did I feel? ... Well
actually, I felt pretty satisfied with myself. I felt I could do
what I was trained to do, and it gave me a lot of self-confidence to
think that if we get into a real war situation I’d be able to defend
my comrades and myself.”[129]
The Israeli strategy has been indicated
quite unambiguously here, and is further confirmed by a report in
the Jerusalem Post explaining Israel’s objectives:
“… [T]he overall
IDF strategy is to deprive the Palestinians of the massive number of
casualties the army maintains Palestinians want in order to win
world support and consolidate their fight for independence. ‘We are
very much trying not to kill them...’ says Lt.-Col. Yoram Loredo,
commander and founder of the Nahshon battalion’… The prime minister
[Ehud Barak] said that, were there not 140 Palestinian casualties at
this point, but rather 400 or 1,000, this... would perhaps damage
Israel a great deal.”[130]
There is therefore a surprising likeness
between Israel’s violent response to the Palestinian struggle
against the Zionist regime’s illegal occupation. Protests by South
African blacks in 1984 against disproportionately high rents grew
into a national uprising against the apartheid regime. The white
South African government hit back against the nonwhite uprising with
brutal force, eventually declaring a state of emergency. The
protests, however, were not quelled, but rather they continued for
months and eventually years. In the process, thousands of blacks
were killed, injured and imprisoned, and ultimately, millions of
blacks were forcibly deported – ethnically cleansed – off their own
land and into the Bantustans. The South African government claimed
throughout its policies of repression that it was engaged in a
process of “reform” designed to lend nonwhites a degree of autonomy,
albeit under overall white control.
In response to the Palestinian uprising
in resistance to Israel’s occupation – the right to which is
guaranteed under international law[131]
– Israeli forces have killed and maimed thousands of Palestinian
civilians, most of whom have not posed a threat, and a third of whom
have been children. To date, nearly 500 Palestinians have been
killed and up to 15,000 injured.[132]
These policies of the use of overwhelming and unjustified force
against an uprising of primarily unarmed civilians whose only
weapons are stones were also perpetrated by South Africa’s white
rulers against its uprising black population. Justifying the
targeting of children, senior South African police officers:
“… have
complained recently that their efforts to deal with unrest are
hampered by the rioters’ tactics, including the use of women and
children as ‘human shields’, the absence of suspected leaders from
the front lines of most protests and the increased attacks on
police, particularly the township homes of black policemen.”[133]
In words that almost mimicked these
claims, Israeli Defence Force (IDF) spokesman Captain Natan Golan
stated:
“It’s tragic
to have a child fall in this violence, but there’s no reason for the
IDF to fire one shot if there’s no violence... All we’re trying to
say is stop this incessant incitement to violence. We are dealing
with a situation in which kids are cynically being used by being put
on the front lines where they may be killed, maimed or injured... If
a young boy falls, it gives the Palestinians a lot of propaganda
points.”[134]
There can be no doubt over the fact that
these policies of ruthless military repression are perpetrated on
the basis of a complete disregard for Palestinian life and rights,
rooted in longstanding contempt for the Palestinians as a people.
B’tselem reports that:
“Security forces’
violence against the Palestinian population is not new or unique to
the current intifada. With the outbreak of the intifada, there has
definitely been a significant increase in the number of beatings and
abuse, a result, in part, of the increased friction between
residents of the Occupied Territories and the security forces.
However, the phenomenon itself has existed for many years.
“In most of the
cases, the abuse is given in ‘a small dose’, such as a slap, a kick,
an insult, a senseless delay at checkpoints, or humiliating
treatment. Over the years, these acts have become an integral part
of the daily life of Palestinians in the Occupied Territories. At
times, though, the violence is severe...”
B’tselem also
acknowledges that discrimination in the Israeli legal system means
that Palestinians are simply not protected from military abuse,
which, in fact, is tacitly condoned by the State:
“Many cases of
abuse are not made public because they have long been accepted as
the norm, and if Palestinians filed a complaint in each instance,
they would have to dedicate most of their time to this process.
Furthermore, many Palestinians, primarily those who enter Israel
illegally, refrain from complaining even in incidents of severe
violence, fearing that filing a complaint will harm them. Many do
not file complaints because their past experience has resulted in a
lack of trust in the judicial system, which tends not to believe
them and to protect, rather than prosecute, those who attacked them.
A Palestinian who wants to file a complaint faces numerous obstacles
inherent in the great difficulty in moving about the Occupied
Territories, a consequence of Israel's numerous restrictions on
movement of Palestinians.”[135]
A report by the Israeli League for
Human and Civil Rights produced in February 1981 based on
information from Israeli army reservists uncovers the context of
Israeli military repression: anti-Arab racism. One reservist
testified that on the arrival of his unit in Hebron District, they
were given an orientation session on “the Arabs”. The unit was
explicitly instructed that Arabs “are not like human beings” and
should be treated like “animals”. The military lecturers
highlighted that Arabs learn from the “exercise of authority”, and
that they “want to be beaten.” Clear instructions for terrorizing
Palestinian families through beating, torture, smashing or
confiscation of property, ruining of food supplies and so on were
articulated. For instance, the same reservist said his unit was
told: “If there is any resistance, then we should break all the
bones of the father and the older sons, but if there is no
resistance and especially if the father begs us for mercy in front
of his children, then he should be slapped on the face once or
twice, but some minimal beating there must be.” He stated that most
of the men in his unit “enjoyed the whole thing”, except a few who
decided to emigrate from Israel after the experience of serving on
the West Bank. A second reservist said that a member of the
extremist Israeli group, Gush Emunim, had lectured his unit,
explaining to them that “the Arabs must be driven out of the land,
which was given to the Jews by God on the condition that they live
in it alone, without gentiles”. He recalled that whenever there was
a curfew, Israeli soldiers would go from house to house “to beat, to
frighten, and to humiliate.” Before the end of his service, the
reservist narrated, there was another lecture by a member of Gush
Emunim, who advised them: “Don’t fear that what you have done you
have done to human beings... You didn’t beat or humiliate Jews, and
that’s what counts.” A third reservist described how soldiers would
become increasingly attracted to the prospect of violence. After a
few days, Israeli soldiers became addicted to sadism “more and
more,” he said “unable to get free of it.” A fourth reservist
described a barbed wire encampment in a field where some 300
Palestinian men and boys were being questioned, beaten, and
tortured; while they screamed, Israelis stood around laughing. An
Israeli guard at the gate told the reservist and his comrades, “It
is a free cinema here. If you want, you may watch.” When the
reservist asked why the Palestinians were being beaten, another
Israeli soldier made clear that “security” had nothing to do with
it, replying: “Wouldn’t you enjoy beating an Arab? Where else do
you get such an opportunity?”[136]
Institutional discrimination ensures
that such horrific policies are perpetrated with impunity. B’tselem
observes that:
“In recent
years, law enforcement vis-a-vis settlers has been harshly
criticized by many, including the Attorney General and the High
Court of Justice. The Shamgar Commission, established in 1994
following the massacre at the cave of the Patriarchs, censured law
enforcement policy in cases of violence against Palestinians. It
determined that no real measures were taken to improve the
situation, despite repeated warnings. A report published by B’Tselem,
prior to the establishment of the Commission stated that all of
Israel’s law enforcement authorities - the military, the police, the
State Prosecutor and the judicial system - have adopted an
undeclared policy of absolution, compromise and mitigation for
Israeli citizens who harm Palestinians in the Occupied Territories.”[137]
Endless examples exist of this sort of
military-backed discrimination in the legal system. The Palestinian
Human Rights Monitoring Group (PHRMG) has provided a breakdown of
some of the key disparities in the legal treatment of Palestinians
and Israelis:
“1.
Arrest
Palestinian
suspects may be arrested by any soldier or policeman without taking
into account the seriousness of the offence or the probability that
the person arrested committed it. However, such considerations must
be taken into account when an Israeli is arrested without a
warrant.
“2.
Detention Without Seeing A Judge
A Palestinian
suspect may be held in custody for eight days before being brought
before a judge to extend the detention period. An adult can be held
for 18 days if suspected of certain crimes, such as: intentionally
causing death, sheltering a person suspected of causing death,
aggravated espionage or assaulting a person serving in the Israeli
army or one of its branches. An Israeli however, must be
brought before a judge within 48 hours (24 hours if a minor above
the age of 14, and 12 hours if below the age of 14).
“3.
Access To Lawyer
A Palestinian
may be prevented from meeting his/her lawyer for 15 days after
arrest for reasons of regional security or the good of the
investigation. This period may be extended for another 15 days. A
jurist-judge (a military court judge with legal training) can
additionally extend this period by 30 days. Detainees are routinely
prevented from meeting their counsel for 15 days. An Israeli
may be denied access to his lawyer on the same grounds for only 7
days following the arrest. This period may then be extended by
another 8 days, though this rarely occurs with Israeli civilians.
“4.
Arrest By Judge Before Indictment Is Filed
A Palestinian
can be held without indictment by an order from a jurist-judge for
an initial period of 30 days, which can be extended. The maximum
period for which the detention can be extended, by the regional
legal advisor via the military appeals court is six months. For an
Israeli adult the initial period is 15 days, 10 days for a
minor. For an adult the period can be extended another 15 days, for
a minor 10 days. To extend the period further requires a request
from the Attorney General. If after 90 days no indictment has been
brought, the suspect is released, unless there is intervention from
the Supreme Court.
“5.
Custody Until End Of Proceedings
Following an
indictment, a Palestinian may be held in custody until the
end of proceedings for an indefinite period, on the order of a
jurist-judge. Such an order may be appealed only after three months
in detention. After a year in custody, the defendant may request a
review of his detention once every six months. An Israeli
defendant may be held in custody until the end of the trial only in
certain defined circumstances, i.e. if:
His release may lead
to obstruction of justice, or may endanger life or public security
The crime he is
accused of is serious: drugs, violence involving use of a weapon and
similar crimes
The bond set by the
judge was not paid or the terms of bail were otherwise violated.
“6.
Sentencing
Maximum punishment
allowed differs in the two penal codes applying to Israeli citizens
and to Palestinians. This is one of the reasons why Israeli settlers
and Palestinians are frequently seen to be given vastly different
punishments for similar crimes. For example:
“A Palestinian
convicted of manslaughter is subject to a maximum sentence of life
imprisonment. An Israeli convicted of manslaughter faces only
a maximum of 20 years.
“A Palestinian
convicted of maliciously damaging property is subject to a sentence
of up to five years in prison. The maximum sentence for an
Israeli convicted of the same crime is three years.
“This bias in
the law is reinforced by regulations in the two penal systems
regarding the early release of prisoners. According to the
Israeli penal code prisoners may be released after serving
two-thirds of their sentence. The military orders under which
Palestinians are judged does not allow for any early release for
good behaviour.”[138]
The PHRMG also highlights a group of
cases where this discriminatory legal system has been applied in a
way which exonerates Israelis for crimes against Palestinians, but
harshly punishes Palestinians for similar crimes against Israelis:
“Between December
1987 and March 2001, 119 Palestinians (including 23 children under
the age of 17) were killed by Israeli civilians in the Occupied
Territories. Of 89 cases that were monitored by B'Tselem during this
time, only 3 (around 3%) led to sentences of life imprisonment,
commuted by the President of Israel to 13 years in one case and 15
in another. Two suspects were convicted of murder, but received
sentences of less than life imprisonment. Seven cases led to
convictions for manslaughter and prison terms of between 6 months
and 7 ½ years. In another 7 cases the defendants were convicted of
‘causing death by negligence’, receiving sentences of between 3
months community service and 18 months imprisonment. Two suspects
were sentenced to psychiatric hospitalization instead of prison. An
inordinate number of files were closed without legal action (39, or
44%) and an unacceptable number of cases were not investigated or
‘lost’ (10, or11%). In 5 cases, the court acquitted the defendants.
“By
contrast, 114 Israeli civilians were killed by Palestinian civilians
in the Occupied Territories in the same period. Of 81 cases, 30
(34%) resulted in murder convictions and life imprisonment without
reduction of sentences by the President of Israel, or parole on
grounds of good behavior (compared to 5 out of 89 Israelis convicted
for murder). In addition, in many of the cases, the convicted’s
house, or his family’s house was demolished or sealed as punishment.
In 15 cases (around 17%) the suspects were ‘eliminated’ by Israeli
security forces. No Palestinian convicted of murder received a
sentence less than life imprisonment. No Palestinian was prosecuted
for ‘manslaughter’ or ‘death by negligence’ instead of murder. No
Palestinian was acquitted because they had acted in self-defense. No
Palestinian suspect was committed to psychiatric hospital instead of
prison. In every single case an investigation was opened. In no case
did the authorities have difficulty locating the case files. In only
11 cases (including the killing of Baruch Goldstein in the Ibrahimi
mosque) was the file closed with no measures taken.”[139]
These are not
the only policies pursued by Israel to protect Israelis who commit
atrocities against Palestinians. The IDF plays a direct role of
support to violence by Israeli colonists. Human Rights Watch reports
that: “It is clear that the majority of physical attacks are
initiated by Israeli settlers, and that the IDF has consistently
failed in its obligation to protect Palestinian civilians from
attacks by Israeli settlers. In effect, settlers are using the
protection provided by the IDF to attack Palestinian civilians.”
Rather than protecting the largely innocent Palestinian civilians
from attacks by Israeli settlers “the IDF has only intervened to
protect the Israeli settlers from counterattack.”[140]
A Ha’aretz Editorial thus rightly concludes that:
“The old cry of
the late Prof. Yeshayahu Leibowitz that ‘the occupation corrupts’ is
today correct in the full sense of the word. Israel can no longer
live with the illusion that it is maintaining a democratic way of
life while at the same time a separate normative system exists for
the settlers that tramples human rights in the territories to the
point where those who kill are treated forgivingly.”[141]
VII. Conclusion
“Zionism has always seemed to me a
mischievous political creed…[I]t seems to be inconceivable... that Mr.
Balfour should be authorised to say that Palestine was to be
reconstituted as the ‘national home for the Jewish people’. I do not
know what this involves, but I assume that it means that Mohammedans
and Christians are to make way for the Jews, and that the Jews should
be put in all positions of preference… [and] that Turks and other
Mahommedans in Palestine will be regarded as foreigners.”
Sir
Lord Edwin Samuel Montagu, British Minister of Munitions and Secretary of
State for India - the highest-ranking Jewish member of the British Cabinet
- writing in a secret memorandum, August 1917
(Great Britain, Public
Record Office, Cab. 24/24, 23 August 1917)
The above documentation establishes beyond
doubt that the Zionist State of Israel is an apartheid regime that is
responsible for systematically discriminating against the indigenous
Palestinian population solely because they are Palestinian. It is also
clear that Israel has committed acts of genocide and ethnic cleansing
against the indigenous population, among a host of other illegal policies
many of which amount to war crimes and crimes against humanity. It also
seems clear that the roots of Israeli apartheid lie in the regime’s
Zionist ideology which views the indigenous population as a collection of
insignificant obstacles to the task of consolidating and expanding the
State of Israel which aims to be, ideally, an exclusively Jewish State.
Professor Stanley Cohen, a distinguished sociologist who has a perspective
gained from having lived in South Africa, England and Israel, notes
Israel’s denial of responsibility in this regard:
“Denial of the
injustices and injuries inflicted upon the Palestinians is built into the
social fabric... There are, of course, good historical reasons why Israeli
Jews should have a defensive self-image and a character armour of
insecurity and permanent victimhood. The result is a xenophobia that would
be called ‘racism’ anywhere else, an exclusion of Palestinians from a
shared moral universe and an obsessional self-absorption: what we do to
them is less important than what this does to us.”[142]
And as the British daily The Guardian
points out: “A visitor to Israel today who takes the trouble to visit both
the cosmopolitan and historic centres of Tel Aviv and Jerusalem as well as
the captive degradation of the Gaza Strip cannot but think of the
rottenest days of South Africa.”[143]
Around 3.5 million Palestinians are now caged into a small strip of land
with population densities and conditions that match anything in the
apartheid townships of South Africa. For the last 10 years, the borders
have been subject to closure meaning that few Palestinians can leave, even
to work. The current unemployment rate is as high as 45 per cent, while no
goods can leave or enter except via Israeli customs. Despite the image of
“self-rule” under PA control, in fact internal movement within the
Occupied Territories is effectively controlled by Israel, which regularly
restricts water to Palestinians, bulldozes houses their homes, destroys
arable land and confiscates more land for Jewish settlements. Through a
combination of military policies and social, economic and legal
mechanisms, Israel has successfully installed a system which discriminates
against Palestinians, separates them off from Israelis as far as possible,
and aims to expel them entirely from a territorially expanding State
through programmes of deliberate underdevelopment and extreme force.
It is fast becoming increasingly difficult for
honest observers to ignore the consolidation of Israel as an apartheid
regime. Even the normally indifferent BBC recently reported on Israel’s
institutional discrimination against Palestinians in its authoritative
Newsnight programme.[144]
Within Israel, there is a growing number of activists and academics
documenting and publicly condemning Israel’s apartheid policies. Most
recently officials from the International Committee of the Red Cross have
spoken out bluntly against Israeli apartheid. Danish head of the Red Cross
Freddy Karup Pedersen informed the Danish Parliamentary Foreign Affairs
Committee following a visit to the region that:
“Children are
prevented from going to school, the sick from going to hospital and
farmers have great difficulty tending their fields. Homes and agricultural
areas are destroyed and water resources unequally distributed… We think
the conditions of life of the settlers resemble those of the apartheid
period in South Africa… [These conditions amount to] a complete lack of
respect for international humanitarian rules.”[145]
Within South Africa, respected political
commentators such as Chris Gibbons – with first-hand experience of
apartheid – have recently noted the very deep similarities between the
systems of apartheid in South Africa and now in Israel. It is thus fitting
to conclude this paper with the observations of Raymond Louw, who for 11
years was Editor-in-Chief of the Johannesburg-based Rand Daily Mail,
the South African newspaper that was at the forefront of the struggle
against apartheid. Louw, himself a Jew, has visited Israel several times,
and most recently visited Hebron District in the Occupied Territories in
June 2001 with Israeli journalist Gideon Levy. His remarks, considering
his long experience of apartheid in South Africa and his outstanding
record of anti-apartheid activism, must be taken very seriously indeed.
Apartheid began in South Africa in 1948. It lasted for 42 years, with five
million whites controlling 35 million blacks, “until we came to the
conclusion that we couldn’t go on this way…
“… Luckily, we managed
to reach a solution before we destroyed ourselves. We were on the verge of
a civil war. It simply wasn’t right. There’s no way you can keep on
preventing most of the residents from living their lives… With us, the
situation was that the whites wanted to keep South Africa for themselves
despite the black majority there. That’s why they kept them second-class
citizens. It’s exactly like what you’re doing here: The Israelis are
determined to hold on to the territories despite the people who live
there… The blacks were only allowed to maintain very limited businesses in
their areas - only one store and no more. Almost all the resources were at
the whites’ disposal and hardly anything was available to the blacks.
Perhaps it is similar here: With us, the whites saw the blacks as a
political and economic threat. You appear to view the Palestinians the
same way…
“It’s depressing. This
is a city under military occupation without any rights for the occupied.
There was never a situation like this with apartheid. The control in the
black areas was not so forceful. I don’t think you can compare the two
situations. Under apartheid, there was a recognition that the blacks would
continue to live in their areas. Here the impression is that the objective
is to push the Palestinians out.
“With us, there were
several pockets of blacks living in the heart of white neighborhoods from
which they were then expelled, but these were only in isolated places.
There was an area in Johannesburg - Sophiatown - where blacks were living
in the heart of an area inhabited by whites. They expelled all the blacks
to a distance of 15 or 20 kilometers away. And even then, it was done by
the police.
“Here it is being
done by the settlers. I don’t know if that makes a big difference. It may
not be exactly the same thing, but the motivation is the same. What’s
happening here is an attempt to pressure them by means of attrition. The
Israelis prevent some of the Palestinians from making a living, stores are
closed or burned… The Israeli soldiers appear to me to be more brutal than
ever. There’s an atmosphere of power and domination and contempt. I don’t
believe it was so in the past. They used to seem like they were serving
their country. It is my impression that the soldiers’ brutality and
arrogance is penetrating all the authorities in their contact with the
Palestinians. The police in South Africa also treated blacks as if they
weren’t human. This is what is happening here. Non-people, non-humans,
people without any rights or human dignity - so it’s okay to do any- thing
to them. And it permeates everything. This is the ugly side of all
political oppression…”[146
Suggestions for Further Reading
Aruri, Naseer. The
Obstruction of Peace. The United States, Israel, and the Palestinians.
Monroe, ME: Common Courage Press, 1995.
Chomsky, Noam. The Fateful
Triangle: the United States, Israel, and the Palestinians, Cambridge,
MA: South End Press, Updated Ed., 1999.
Finkelstein, Norman. Image
and Reality of the Israel-Palestine Conflict. Verso, 1995.
Flapan, Simha. The Birth of
Israel: Myths and Realities. Pantheon, 1987.
Flapan, Simha. Zionism and
the Palestinians, 1917-1947. New York: Barnes & Noble Books, 1979.
Gerner, Deborah J. One Land,
Two Peoples: the Conflict over Palestine. Boulder, CO: Westview, 1994,
2nd ed.
Golani, Motti. Israel in
Search of a War: The Sinai Campaign, 1955-1956. Brighton: Sussex Academy
Press, 1998.
Hadawi, Sami. Bitter Harvest:
a Modern History of Palestine. New York: Olive Branch, 1989.
Hirst, David. The Gun and the
Olive Branch. London: Faber & Faber, 1984.
Khalidi, Walid, ed. From
Haven to Conquest: Readings in Zionism and the Palestine Problem until
1948. Washington, Dc: Institute for Palestine Studies, 1987 (1971).
Lustick, Ian. Arabs in the
Jewish State: Israel’s Control of a National Minority. Austin:
University of Texas, 1980.
Lustick, Ian. For the Land
and the Lord: Jewish Fundamentalism in Israel. New York: Council on
Foreign Relations, 1988.
Masalha, Nur. Imperial Israel
and the Palestinians. Pluto Press, 2000.
Morris, Benny. 1948 and
After. New York: Oxford University Press, 1990.
Morris, Benny. Israel’s
Border Wars, 1949-1956. New York: Oxford University Press, 1993.
Morris, Benny. Righteous
Victims: a History of the Zionist-Arab Conflict, 1881-1999. New York:
Knopf, 1999.
Morris, Benny. The Birth of
the Palestinian Refugee Problem, 1947-1949. New York: Cambridge
University Press, 1987.
Palumbo, Michael. The
Palestinian Catastrophe. London: 1987.
Pappé, Ilan. The Making of
the Arab-Israeli Conflict, 1947-51. New York: I.B. Tauris (St. Martin’s
Press), 1992.
Porath, Yehoshua. The
Emergence of the Palestinian-Arab National Movement, 2 Vols. London,
Cass, 1974, 1977.
Said, Edward W., and
Christopher Hitchens, eds. Blaming the Victims: Spurious Scholarship and
the Palestinian Question. Verso, 1988.
Segev, Tom. One Palestine,
Complete: Jews and Arabs under the Mandate. New York: Metropolitan
Books, 2000.
Shlaim, Avi. Collusion Across
the Jordan: King Abdullah, the Zionist Movement, and the Partition of
Palestine. New York: Columbia University Press, 1988.
Shlaim, Avi. The Iron Wall:
Israel and the Arab World. New York: W.W. Norton, 2000.
Smith, Charles D. Palestine
and the Arab-Israeli Conflict: A History with Documents. Boston:
Bedford/St. Martin’s, 2001, 4th ed.
[1]
UN General Assembly Resolution 2106, adopted in 1965, Part 1, Article
1.
[2]
Adopted by the General Conference of the United Nations Educational,
Scientific and Cultural Organisation (UNESCO) at its 20th session
November 27, 1978, Article 2.
[3]
Davidsson, Elias, Memorandum on Institutionalized Racial
Discrimination by and in the State of Israel, Centre for Policy
Research on Global Justice (CPR), July 1993, http://juscogens.org.
[4]
This definition and discussion of international law and apartheid has
been reproduced almost verbatim from El Fassed, Arjan, Israel’s
Apartheid: A Crime Against Humanity, Media Monitors Network
(MMN),
Brea, CA, 9 March 2000,
http://www.mediamonitors.net
[5]
Ha’aretz, 5 December 2000.
[6]
Ma’ariv, 5 December 2000.
[7]
Wilkinson, Tracy, ‘Israel Hawk Considers Run at a Wounded Dove’,
Los Angeles Times, 5 December 2000.
[8]
The main Afrikaner political party was the National Party, formed in
1914. The main British-oriented political party was the South African
Party, which became the United Party in 1934.
[9]
See entries on apartheid and South Africa in the Columbia
Electronic Encyclopedia, Columbia University Press, 1994, 2000.
Also see the South Africa exhibit jointly produced by the Annenburg
Foundation and the Corporation for Public Broadcasting at
http://www.learner.org/exhibits/southafrica
[10]
CESR Report, Peace Without Justice: Abandoning Rights in the Oslo
Process (Draft Copy), Center for Economic and Social Rights, New
York, 14 April 2000, p. 12,
http://www.cesr.org
[11]
Stein, Leonard, The Balfour Declaration, Vellentine-Mitchell,
London, 1961, p. 126. The ongoing interests of the West in relation to
Israel’s regional role in the Middle East were outlined by the U.S.
Senate’s ranking oil expert, Senator Henry Jackson, in May 1973.
Jackson stressed the necessity of “the strength and Western
orientation of Israel on the Mediterranean and Iran [under the Shah]
on the Persian Gulf”. Israel and Iran were “reliable friends of the
United States” who, along with Saudi Arabia “have served to inhibit
and contain those irresponsible and radical elements in certain Arab
states... who, were they free to do so, would pose a grave threat
indeed to our principle sources of petroleum in the Persian Gulf”,
which are needed primarily as a reserve and a lever for control of the
global economy (Cited in Chomsky, Noam, Deterring Democracy,
Vintage, London, 1995, p. 55).
[12]
Weitz, Yossef, Journal, Tel Aviv, 1965.
[13]
Porath, Yoram Bar, Yediot Aahronot, 14 July 1972.
[14]
Stein, The Balfour Declaration, op. cit., p. 664, italics
added.
[15]
Weizmann, Chaim, Trial and Error: The Autobiography of Chaim
Weizmann, East and West Library, London, 1950, p. 302, and
Weizmann, Address at Czernowitz, Romania, 12 December 1927.
[16]
Sunday Times, 15 June 1969.
[17]
CESR Report, Peace Without Justice: Abandoning Rights in the Oslo
Process (Draft Copy), op. cit., p. 13.
[18]
Hadawi, Sami, Bitter Harvest, Caravan Books, 1979
[19]
Cited in Welles, S., We Need Not Fail, Boston, 1948, p. 63.
[20]
Forrestal, James, Forrestal’s Memoirs, Viking Press, New York,
1951, p. 363.
[21]
Quigley, John, Palestine and Israel: A Challenge to Justice,
Duke University Press, Durham, 1990
[22]
The legal validity of the resolution is thus also open to question,
particularly due to the fact that it conflicts with the stipulations
and spirit of the UN’s own Charter. Indeed, a one-state solution that
is in harmony with international law, in which the current Israeli
regime is abolished for a more open system, and in which both Jews and
Palestinians can freely participate, can be formulated. See CESR
Report, Peace Without Justice: Abandoning Rights in the Oslo
Process (Draft Copy), op. cit.
[23]
Morris, Benny, Tikkun, March/April 1998
[24]
Cited in Chomsky, Noam, The Fateful Triangle: The United States,
Israel and the Palestinians, Pluto Press, London, 1999.
[25]
New York Times, 6 December 1953.
[26]
Begin, Menachim, The Revolt: Story of the Irgun, p. 335.
[27]
Patei, Rafael (ed.), The Complete Diaries of Theodore Herzl,
Vol. 1.
[28] Cited in
Chomsky, Noam, Towards a New Cold War, op. cit., Chapter 7;
Chomsky, The Fateful Triangle, op. cit., Chapter 2.
[29]
Finkelstein, Norman, Image and Reality of the Israeli-Palestinian
Conflict, Verso, New York, 1996
[30]
Levy, Gideon, ‘An existential exercise’, Ha’aretz, 16 October
2000.
[31]
Leaked censored version of Rabin memoirs published in New York
Times, 23 October 1999.
[32]
Cited in History of the Haganah.
[33]
Rubenstein, Danny, ‘Separation means economic punishment’, Ha’aretz,
23 October 2000.
[34]
Morris, Benny, The Birth of the Palestine Refugee Problem 1947-1949,
Cambridge University Press, Cambridge, 1987
[35]
Flapan, Simha, The Birth of Israel: Myths and Realities,
Pantheon Books, New York, 1987
[36]
Pappe, Ilan, The Making of the Arab-Israeli Conflict 1947-1951,
I. B. Tauris, London, 1992; Loos, Baudouin,
‘Interview of Ilan Pappe’, Le Soir (Brussels) 29 November 1999
[37]
Modelet, no.12, October 1989
[38]
Morris, Benny, The Birth of the Palestine Refugee Problem 1947-1949,
op. cit. Indeed, the whole basis for the intervention of neighbouring
Arab armies in Palestine was the dire condition of Palestinians under
Zionist tutelage. Benny Morris points out that “it was precisely the
unignorable plight and suffering of the Palestinian Arabs during
April-May of that year [1948] that forced the hand of the reluctant
Arab political and military leaders to take the plunge and invade
Palestine on 15-16 May.” (Tikkun, March-April 1998)
[39]
Cited in Erlich, Guy, ‘Not Only Deir Yassin’, Ha’ir, 6 May
1992.
[41]
Begin, Menachim, The Revolt: Story of the Irgun, p. 162.
[42]
Soldier’s testimony cited in Morris, Benny, The Birth of the
Palestine Refugee Problem 1947-1949, op. cit., p 222
[43]
Amr, Wafa, ‘Israeli Researcher Uncovers 1948 Bloodbath’, Reuters, 19
January 2000
[44]
Peretz, Don, New Outlook, September 1969
[45]
Our Roots Are Still Alive, People’s Press Palestine Book
Project; cited in The Origin of the Palestine-Israel Conflict,
Jews for Justice in the Middle East, Berkeley, CA, 1998.
[46]
UN Document A/648 (21 Sept.-12Dec. 1948), p. 14, filed 16 September
1948.
[47]
Historical Survey of the Efforts of the U.N. Conciliation
Commission for Palestine to Secure the Implementation of Paragraph 11
of G.A. Resolution 194 (III), paragraph 38; UN Document
A/AC.25/W.81/Rev.2, p. 20-21.
[48]
Morris, Benny, Israel’s Border Wars 1949-1956 (Hebrew version),
Tel Aviv, 1996, p. 156, 113-114. In contrast to the up to 5,000
Palestinian casualties, Israeli casualties amounted to approximately
190-220 dead during 1949-1954.
[49]
Shapira, Anita, ‘Jewish identity, Israeli identity’, JPR Newsletter,
Institute for Jewish Policy Research, Spring 2000
[50]
Cited in Zohar, Michael Bar, Ben-Gurion: The Armed Prophet,
Prentice-Hall, 1967, p. 157.
[51]
Cited in Lustick, Ian, Arabs in the Jewish State, University of
Texas Press, Texas, 1980.
[52]
Katzew, Henry, ‘South Africa : a Country Without Friends’, Die
Transvaler, cited in Stevens , R. Zionism, South Africa and
Apartheid.
[53]
Cited in Kapeliouk, Amnon, ‘Begin and the “Beasts”’, New Statesman,
25 June 1982.
[54]
Yediot Aahronot, December 1987.
[55]
Elbaun, Max, Interview with Phyllis Bennis, ‘For Jews Only: Racism
Inside Israel’, ColorLines Magazine, 15 December 2000.
[56]
Letter from Uzi Ornan to Editor of Ha’aretz, published 10
February 1991.
[57]
For brief discussion of these three laws see Schechla, Joseph, ‘Is
Zionism a Form of Racial Discrimination?: UN Debate Will Necessitate
Re-Examination of Resolution 3379’, Washington Report on Middle
East Affairs, November 1991, p. 35.
[58]
Shahak, Israel, Jewish History, Jewish Religion: The Weight of
Three Thousand Years, Pluto Press, London, 1997, p. 3.
[59]
Shahak, Israel, Jewish History, Jewish Religion: The Weight of
Three Thousand Years, op. cit., p. 5
[62]
Ornan, Uzi, ‘Apartheid Laws in Israel – The Art of Obfuscatory
Formulation’, Ha’aretz, 17 May 1991.
[63]
Cited in El Fassed, Arjan, Israel’s Apartheid: A Crime Against
Humanity, Media Monitors Network (MMN),
Brea, CA, 9 March 2000,
http://www.mediamonitors.net
[64]
Concluding Observations of the United Nations Human Rights
Committee: Israel, CCPR/C/79/Add.93, Sixty-third Session, 28 July
1998.
[65]
The Observer, 15 October 2000.
[66]
Columbia Electronic Encyclopedia, Columbia University Press,
1994, 2000; Jones, Sam, ‘Holy Land Apartheid’, Cornerstone,
Summer 2000.
[68]
Cited in Shahak, Jewish History, Jewish Religion, op. cit., p.
8.
[71]
Reese, Charlie, ‘Truth or myth about Israel? Read between quotation
marks’, Orlando Sentinel, 13 June 1999.
[72]
Richman, Sheldon L., ‘The Golan Heights: A History of Israeli
Aggression’, Washington Report On Middle East Affairs, November
1991, p. 23.
[73]
Originally recorded in Israeli PM Moshe Sharette’s personal diaries in
May 1995; cited in Rockack, Livia, Israel’s Sacred Terrorism,
Arab-American University Graduate Press, Belmont, Massachusetts, 1986.
[74]
Becker, Gad, Yediot Aahronot, 13 April 1983. Also see New
York Times, 14 April 1983.
[75]
Cited in Ben-Zohar, Michael, Ben-Gurion: A Biography, Delacorte,
New York, 1978.
[76]
Fisk, Robert, ‘Israel’s 50 Years of Shame’, The Independent,
April 1998.
[77]
Lilienthal, Alfred, The Zionist Connection II, op. cit., p. 160
[78]
New Yorkers for a Just Middle East Peace (NYJMEP) from a letter dating
13 August 1998 sent to Perry Odak, Chief Executive Officer of Ben and
Jerry’s, protesting an alleged agreement between the US ice cream
company and Eden Springs water company, based on the Israeli-occupied
Golan Heights.
[79]
Cited in Ha’aretz, 4 April 1969.
[80]
NYJMEP letter, op. cit.
[81]
Lockman and Beinin (ed.), Intifadah: The Palestinian Uprising
Against Israeli Occupation.
[82]
Hass, Amira, ‘Discrimination and Denial’, Ha’aretz, 5 May
1999.
[86]
Letter from Uzi Ornan to Editor of Ha’aretz, published 10
February 1991.
[87]
Hass, Amira, ‘Israel has failed the test’, Ha’aretz, 18 October
2000.
[88]
Ha’aretz, 23 October 2000.
[89]
See Ann Mosely Lesch, ‘Israeli settlements in the occupied
territories, 1967-1977’, Journal of Palestine Studies 30,
Winter 1979, p. 113-130, for a partial list of “officially deported”
Palestinians.
[90]
MIFTAH Fact Sheet, ‘Israeli Settlements in the Gaza Strip and the West
Bank (including Jerusalem)’, Jerusalem, 21 June 1999,
http://www.miftah.org
[92]
FMEP Report, Report on Israeli Settlement in the Occupied
Territories, Foundation for Middle East Peace, Washington DC, Vol.
8, No. 4, July-August 1998,
http://www.fmep.org
[93]
MIFTAH Fact Sheet, ‘Israeli Settlements in the Gaza Strip and the West
Bank (including Jerusalem)’, op. cit.
[94]
Schiff, Ze’ev, ‘Promises, promises’, Ha’aretz, 2 February
2001.
[95]
Coon, Anthony, Israel and the Occupied Territories - Demolition and
dispossession: the destruction of Palestinian homes, Amnesty
International, London, December 1999.
[96]
LAW is affiliate to the International Commission of Jurists (ICJ), The
Federation Internationale des Ligues de Droits de l’Homme (FIDH), the
World Organisation Against Torture (OMCT), and is a member of the
Euro-Mediterranean Human Rights Network (EMHRN).
[97]
Coon, Anthony, Israel and the Occupied Territories - Demolition and
dispossession: the destruction of Palestinian homes, op. cit.
[98]
Ibid. AI also observes how terrorising for the indigenous population
these policies are: “The emotional consequences for the individuals
and families whose homes have been demolished have been traumatic.
There is no warning of the time and date of a demolition; the
bulldozers arrive accompanied by scores of soldiers armed with batons
and guns. They usually come at a time when the father has gone to
work; the family may only have 15 minutes to take what belongings they
can before their furniture is thrown into the street and their home is
bulldozed. On many occasions members of the family and protesters have
been beaten by soldiers using their batons or wounded (and once even
killed) by metal-coated rubber bullets.”
[99]
This is a joint project of two Jerusalem-based organisations - the
Applied Research Institute and the Land Research Centre – which is
funded by the EU. The project “aims at inspecting and scrutinizing
Israeli colonizing activities in their different forms in the
Palestinian West Bank and Gaza, and to disseminate the related
information to policy makers in the European countries and to the
general public.” See http://www.poica.org.
[101]
Monitoring Israeli Colonizing Activities in the West Bank and Gaza,
Bypass Roads – The Israeli Approach Towards a New Apartheid Against
Palestinians?, Applied Research Institute and Land Research
Centre, Jerusalem, May 2001. This report was prepared with financial
assistance from the Commission of the European Communities.
[102]
Ibid. The Monitoring Israeli Colonizing Activities Project provides a
breakdown of recent activities related to the bypass roads in relation
to several areas of the Occupied Territories. Here one example is
reproduced: “Nablus District: Wide areas of agricultural land
cultivated with olive trees have been razed near Deir Ballut and Kafer
Ed Dik villages, southwest Nablus District, in order to expand the
bypass road that connects Peduel and Alei Zahave colonies. Moreover,
the Israeli colonists started to bulldoze another agricultural area
that belongs to Al-Luban Al-Gharbi village, located southeast of
Nablus city, in order to establish a new bypass road that will serve
the expansion of Israeli colonies in the area and link the colonies of
Bet Arye and Alei Zahav with each other. To the north and northwest of
Nablus City, Israeli bulldozers constructed a new bypass road in order
to connect colonies there. The bypass road starts from Deir Sharaf
village, passes by Sabastiya, Ramin, and Burqa villages and ends at
the colonies of Homesh and Enav. As a result of this bulldozing, 200
olive trees and 100 almond trees in Deir Sharaf village, and 800 olive
trees in Burqa village have been uprooted. The planned length of the
road is around 10 kilometers. If the work on the road continues, more
olive and almond trees will be threatened, destroying the livelihood
of dozens farmers. Israeli occupation authorities started bulldozing
an area of land estimated at 24 dunums, owned by Yacob Salman from
Deir Haris village, southwest Nablus District, in order to open a new
bypass road linking Immanuel, Yakir, Barqan B, and Revava colonies.
Thus far, 60 olive trees and 20 almond trees have been uprooted due to
the construction of this road.” In Ramallah District, Tulkarem
District, Jerusalem District, and Hebron District, similar policies
are being pursued. Yet as the Monitoring Project observes, “The
international community has not held Israel accountable to
international law that clearly makes such colonial activity in
occupied territory illegal. The Palestinians are paying a heavy price
for this lack of political will.”
[103]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, in World Report 2001, Human
Rights Watch, New York, 2001.
[104] LAW report,
‘The Israeli Siege of the West Bank and Gaza’, LAW: The Palestinian
Society for the Protection of Human Rights and the Environment,
Jerusalem, 7 August 1997,
http://www.lawsociety.org
[105]
Full-page advertisement in international edition of the Jerusalem
Post, 18 Aug 1990.
[106]
For discussion see Casa, Kathryn, Water: The Real Reason Behind
Israeli Occupations, Media Monitors Network,
Brea, CA, 7 May 2001,
http://www.mediamonitors.net
[107]
Rosenblum, Mort, ‘Drought of biblical scale worsens modern conflict’,
Associated Press, 19 July 2001.
[108]
B’Tselem report, Jerusalem, referred to in ibid.
[109]
Associated Press, 19 July 2001. Notably, Professor of Economics
Franklin Fisher of the Massachusetts Institute of Technology, who
specialises in Middle East water, has pointed out that there is no
excuse for such policies. Observing that “fresh water cannot be worth
more than it costs to produce”, he notes that in the region”the entire
water supply should be valued only somewhere in the low millions of
dollars… Seawater can be desalinated for less than Israeli households
now pay for water… Gaza could be supplied via the National Water
Carrier and inefficient… farming could be replaced with imported
food.” (Cited in ibid.)
[110]
B’tselem report, Not Even A Drop: Water Crisis in Palestinian
Villages, B’tselem, Jerusalem, July 2001.
[111] LAW report,
‘The Israeli Siege of the West Bank and Gaza’, op. cit.
[112]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, op. cit.
[113]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, op. cit.
[114] LAW report,
‘The Israeli Siege of the West Bank and Gaza’, op. cit.
[115]
Ha’aretz, 12 April 2001.
[116]
Drummond, James, ‘Number of Palestinians living in poverty rises’,
Financial Times, 16 August 2001.
[117]
Hass, Amira, ‘Report: West Bank, Gaza among poorest areas in the
world’, Ha’aretz, 28 May 2000.
[118]
Goldberg, Suzanne, The Guardian, 24 November 2000.
[119]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, op. cit.
[120]
Gottlieb, Lynn, ‘Palestinian human rights violated in Israel’, The
Progressive Media Project, December 1998
[121]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, op. cit
[122]
B’tselem report, In Broad Daylight: Abuse of Palestinians by IDF
Soldiers on July 23rd 2001, Case Study No. 12, B’tselem,
July 2001.
[123]
Nebehay, Stephen, ‘UN Investigator Says Israeli Killings
“Unprecedented”’, Reuters, 17 October 2000.
[124]
Andoni, Lamis, and Tolan, Sandy, ‘Shoot to Maim: Israel’s Favored Ammo
is Crippling a Generation of Younger Palestinians’, The Village
Voice, 21 February 2001.
[125]
HRW report, ‘Israel, The Occupied West Bank, Gaza Strip, and
Palestinian Authority Territories’, op. cit.
[126]
Medical report by Dr. Jumana Odeh, Director, Palestinian Happy Child
Center, 24 Oct 2000; LAW report, 2 November 2000.
[127]
Reinhart, Tanya, ‘Don’t Say You Didn’t Know’, ZNet, November 2000.
[128]
Boston Globe, 4 November 2000.
[129]
Cited in Reinhart, Tanya, ‘Don’t Say You Didn’t Know’, op. cit.
[130]
Jerusalem Post, 30 Oct 2000.
[131]
UN General Assembly resolution 2649 (30 November 1970), for instance,
affirms “the legitimacy of the struggle of peoples under colonial and
alien domination recognized as being entitled to the right of
self-determination to restore to themselves that right by any means at
their disposal.” It further recognises “the right of peoples under
colonial and alien domination in the legitimate exercise of their
right to self-determination to seek and receive all kinds of moral and
material assistance, in accordance with the resolutions of the United
Nations and the spirit of the Charter of the United Nations” and calls
upon “all Governments that deny the right to self-determination of
peoples under colonial and alien domination to recognize and observe
that right”. Notably, it also “condemns those Governments that deny
the right to self-determination of peoples recognized as being
entitled to it, especially of the peoples of southern Africa and
Palestine”.
[132]
B’tselem statistics, August 2001, http://www.btselem.org.
[133]
Los Angeles Times, 3 June 1985.
[134]
St. Petersburg Times, 18 October 2000.
[135]
B’tselem report, Standard Routine: Beatings and Abuse of
Palestinians by Israeli Security Forces during the Al Aqsa Intifadah,
Information Sheet, B’tselem, May 2001.
[136]
Information from Report by Israeli League for Human and Civil Rights,
February 1981; Cited in Feuerlicht, Roberta Strauss, The Fate of
the Jews: A People Torn Between Israeli Power and Jewish Ethics,
Times Books, New York, 1983.
[137]
B’tselem report, Tacit Consent: Law Enforcement towards Israeli
Settlers in the Occupied Territories, Information Sheet, March
2001.
[138]
Carmel, Alon, Criminal Negligence? Settler Violence and State
Inaction During the Al Aqsa Intifadah, A Palestinian Human Rights
Monitoring Group Report, Vol. 5, No. 2, March 2001, http://www.phrmg.org.
[139]
Ibid., Chapter 3: Law Enforcement.
[140]
HRW report; cited in Ha’aretz, 12 April 2001.
[141]
Editorial, Ha’aretz, 24 September 1998.
[142]
Cited in ‘Between Heaven and Hell’, The Guardian, 21 May 2001.
[144]
BBC 2 Newsnight, 20 August 2001.
[145]
Agence France Press, ‘Jewish settlers like apartheid rulers, Red Cross
official charges’, 8 August 2001.
[146]
Cited in Levy, Gideon, ‘Like the old days in South Africa’,
Viewpoint: Exploring The Powerful Issues & Emotions of the Middle East,
7 June 2001, viewpoint@shagmail.com.
Mr. Nafeez Ahmed is a
political analyst and human rights activist based in London. He is
Director of the Institute for Policy Research & Development and a
Researcher at the Islamic Human Rights
Commission.
He was an NGO delegate to the United
Nations Conference Against Racism in Durban, where this paper was
presented at the NGO Forum.
Source:
by courtesy & ©
200 1
Nafeez Mosaddeq Ahmed
by the same author:
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