Israel's Occupation, Colonialism & Apartheid Re-framing the Quest for Accountability to International Law BADIL Resource Center for Palestinian Residency and Refugee Rights December 2009

2 62 Years of Israeli Domination 43 Years of Israeli Occupation What consequences for the Palestinian people*? * Those in the OPT, citizens of Israel and refugees in exile

Demographic composition of the country is changed through population transfer (settler implantation and ethnic cleansing) 1947 (Mandate Palestine) 65% Pal-Arab, 33% Jewish (up from 8% in early 20 th century) 2008 (Israel + OPT) 55% Jewish, 45% Pal-Arab 15% of population/West Bank are Jewish settlers 67% (7.1 mil.) of Palestinians refugees or IDPs

4 Land ownership/use is reversed through unlawful taking of private & communal property and annexation 1947 (Mandate Palestine) 90% Palestinian (private, communal) 7% Jewish (Zionist agencies, private) 2008 (Israel & OPT) 80% Israeli = Jewish (state, Zionist agencies, private) Up to 70% of Palestinian land in occupied WB expropriated/use restricted

Palestinian people fragmented/segreated & oppressed resulting in: more violation of fundamental rights and freedoms denial of access to resources onging forced displacement denial of self-determination

in short – The Ongoing Nakba The “ongoing Nakba” (catastrophe) is a term used by Palestinians to describe their situation since 1948, when more than 750,000 people were forcibly displaced, their country taken, and Palestinian civilization destroyed by Israel in the initial Nakba of 1948

7 Israel – what Sort of Regime over the Palestinian People? Occupation? a temporary measure that maintains law and order in a territory following armed conflict - tolerated Colonialism? annexation or other unlawful taking of control over territory thereby denying self-determination to indigenous population - prohibited Apartheid? systematic racial discrimination & oppression for the purpose of domination – prohibited

8 Israel – a regime of Occupation + Colonialism + Apartheid Expert Opinions Israel in the OPT is “the regime of a colonizing power under the guise of occupation which includes many of the worst features of apartheid, such as the fragmentation of the territory, a policy of mass detention, and a system of separate roads and permits ” (John Dugard, UN Special Rapporteur on Human Rights in the OPT) Committee for the Elimination of Racial Discrimination (2007): concern about Israeli practices of segregation and apartheid (ICERD, Article 3) on both sides of the “green line”

Defining Apartheid Apartheid = inhumane acts committed through institutionalized discrimination by one racial group over another with the intention of maintaining systematic oppression and domination Rome Statute of the ICC; Convention against Apartheid of 1973.

4 Pillars of Israeli Apartheid 1. Laws & policies that institutionalize privileged status of the dominant racial group 2. Systematic fragmentation & segregation of the subordinate group 3. Systematic population transfer combined with de-nationalization (statelessness) of refugees among the subordinate group 4. Systematic oppression of resistance of the subordinate group Based on:: Occupation, Colonialism, Apartheid? A re-assessment of Israel’s practices in the OPT under international law; HSRC, Cape Town, South Africa, May 2009

Occupation, Colonialism & Apartheid: What are the Legal Consequences? for Israel 1.Israel’s entire regime is unlawful- in breach of prohibition on colonialism & apartheid (1967 OPT) and apartheid (at least) inside the “green line”. 2.Israel has the primary obligation to end the unlawful regime and provide remedies and reparation to the victims. 3.Israel has the primary obligation to investigate, prosecute and punish individuals responsible or implicated in international crimes (e.g. war crimes, crimes against humanity, the crime of apartheid) (IHL, 1973 Anti-Apartheid Convention, Rome Statute/ICC)

Occupation, Colonialism & Apartheid: What are the Legal Consequences? for other States & Inter-governmental Organizations: 1.to not render aid or assistance, abstain from cooperation 2.to condemn & suppress the crime and punish those responsible/complicit (universal jurisdiction) 3.to protect the rights of Palestinian people (self- determination, reparations) Palestinian authorities have a legal duty Global civil society has a moral obligation to support

Towards Israeli Accountability (1) Independent UN experts recommend: 1. UN (SG) to withdraw from Quartet (SR Dugard) 2. “wider international community” to protect the rights of the Palestinian people due to UN failure (SR Dugard) 3. UNGA to seek 2 nd ICJ opinion on “the legal consequences of Israel's protracted regime of occupation which includes elements of colonialism and apartheid” (Prof. John Dugard, A/HRC/4/17 of 29 Jan. 2007) 4. for the parties to investigate & prosecute war crimes and crimes against humanity during “Operation Cast Lead” & make reparation; - if not: referral to UNSC, ICC and domestic courts; - UN to set up compensation fund - Switzerland to convene conference of states, party to Geneva IV (UN FFM/Goldstone Report)

Towards Israeli Accountability (2) Action taken by states & intergov. orgs UNGA adopted 2004 ICJ opinion (Israel to dismantle Wall & make full reparation; states/UN to consider further action) - set up UNRoD – no further UN action EU, UK tightened control of import of Israeli goods from OPT; Brazil refrained from trade agreement with Israel; a.o. UNGA adopted Goldstone Report – parties to investigate & prosecute – SG to assess Swiss agreed to convene conference/Geneva IV

A Global Agenda for Accountablity (1) (civil society) Study & Expose the Facts, Raise Awareness: Israel’s regime of occupation, colonialism & apartheid = root cause of oppression, dispossession, displacement & conflict Israel’s IHL and HR violations are systemic and widespread over time (not just result of armed conflict)

A Global Agenda for Accountablity (2) (civil society) Pressure Israel, states & UN to meet obligations Join the Campaign for Boycott, Divestment & Sanctions (BDS) Pressure for full implementation of Goldstone recommendations (PA/PLO, Israel, states/UN) Support universal jurisdiction efforts in courts abroad Advocate for 2 nd ICJ advisory opinion on Israel’s regime/OPT

A Global Agenda for Accountablity (3) (civil society) Protect & promote the rights of the Palestinian people self-determination reparation, including return/restitution, compensation Resist fragmentation, isolation and oppression Build programs, networks & campaigns across the divides Re-build Palestinian mechanisms of political representation Support “Sumoud” of vulnerable groups & victims