Abstract
The political and social system of apartheid that once existed in South Africa was universally condemned. Apartheid was a system of institutionalised inequality based on race. The injustice of a system where race was the defining characteristic that determined the opportunities and rights available to citizens is clear. The end of apartheid in South Africa did not bring with it the end of the use of this term. Today apartheid is recognized as a crime against humanity by the International Criminal Court (ICC), and it is defined in the Rome Statute without reference to South Africa. The definition of apartheid contained in the Rome Statute has never been interpreted by a court of law, and there is, therefore, some uncertainty regarding the full meaning and parameters of the term. Israel has often been accused, in the international media as well as by human rights groups, of practising apartheid. This allegation concerns the treatment of the Palestinian people by the Israeli state.
The first goal of this article is to develop a substantive political-philosophical definition of apartheid by expanding the ICC definition. This definition is then used to examine three examples of Israeli policy that are commonly associated with allegations of apartheid. The issues examined through the lens of apartheid include: the political oppression of Palestinians in the West Bank, restrictions on freedom of movement in the West Bank, and special privileges extended only to Jewish persons by Israel.
The ICC definition of apartheid has three core components. Firstly, discrimination must be based on race. In this article this component is expanded to include discrimination based on group identity rather than just skin colour. In apartheid it is the oppression of certain groups that is key. The basis of group membership can be religion, ethnicity or culture, as long as it is a fundamental part of a person’s identity.
The second component is that discrimination must be institutionalised. Apartheid is a system of structural violence. The very structure of society, including government, bureaucracy and the law, is set up to oppress certain groups.
The third component of apartheid is that discrimination and oppression must be aimed at the continued domination of one group over others. This means that the motivation behind laws and policies is key. Policies that have legitimate justification should not be considered evidence of apartheid.
This article has included the West Bank as a part of Israel where unequal treatment takes place. This is because Israel, through its military occupation, effectively controls the majority of the West Bank and exerts considerable influence even in the small area where it does not have formal jurisdiction. The political oppression of the Palestinians in the West Bank is evident. Palestinians in the West Bank are not granted Israeli citizenship and cannot take part in Israeli elections. The Palestinians thus have no say in the formation of the government that exerts authority over them, while Jewish settlers living in the West Bank are granted full political rights. The closest Palestinians in the West Bank get to participating in democracy is the Palestinian Authority elections. These elections take place very irregularly and in practice amount to little more than local government elections.
The system of checkpoints in the West Bank manned by the Israeli military severely restricts freedom of movement of Palestinians. This is a form of economic oppression that limits the ability of Palestinians to better their own position in life through working or seeking healthcare and education in Israel. Palestinians require permits to move through checkpoints, and the system in place to get permits is not transparent. The denial of permits is often regarded as unfair and arbitrary by Palestinians. Israel initially instituted the system of checkpoints after a series of terrorist attacks during the second intifada. It is, however, debatable whether the primary motivation for the continued use of checkpoints is still security.
Israel also extends certain privileges to Jewish people. The most famous example of this is the Law of Return. This law grants any Jewish person anywhere in the world the right to move to Israel and become a citizen. The Knesset has also passed legislation proclaiming Israel as the nation-state of the Jewish people, rather than a nation of all its citizens, with Hebrew enjoying a special status as the official language of Israel. It is much harder for Palestinians in the West Bank to move to Israel or become Israeli citizens.
This article finds that although there are certainly strong similarities between the situation in Israel and the West Bank and apartheid according to the developed definition, there are also some key differences. The political and economic oppression in the West Bank is definitely based on group identity, but it is not the case that Israel is oppressing all Palestinians. In official Israel, Jewish and Palestinian citizens have the same rights and protections under the law. In a system of apartheid, oppression would be targeted at an entire group or groups, regardless of their citizenship or where they live.
Furthermore, the discrimination and inequality are certainly institutionalised and there is a whole system of civil and military law in place that makes the oppression of the Palestinians possible while giving some advantages to Jewish people. It is also evident that the continued Jewish domination of government, and as such other groups in society, is a primary motivation behind the denial of political rights in the West Bank. The restrictions on freedom of movement for Palestinians in the West Bank certainly have an effect of domination, although it is plausible that the primary motivation for this is security.
Allegations of apartheid in Israel are not without merit. Israel is clearly guilty of discrimination against Palestinians and the granting of special privileges to Jewish people. The term apartheid is used in connection with Israel to draw international attention to the plight of the of the Palestinian people. It is useful to bear in mind that before its origin in South Africa there was no such word as apartheid. It might be tempting to place a ready-made label on what is happening in Israel, but the truth is that it is a unique situation. Whether it is apartheid, or something that we do not yet have a convenient name for, it is clear that the Palestinians are being oppressed by Israel and that the world should take notice and take action.
• The featured image by RJA1988 of this article was sourced on Pixabay.
Keywords: apartheid; domination; group identity; inequality; oppression; race; structural violence