Applicability of the Crime of Apartheid to Israel
by Karine Mac Allister
© 1998-2008 badil.org
Part 5:
Endnotes
1. Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003, p. 37.
2. See for instance John Quigly, “Apartheid Outside Africa: The Case of Israel,” 2 Ind. International and Comparative Law Review. 221, 1991-1992 or Uri Davis, Israel: An Apartheid State, Zed Books, London, 1987.
3. “I argue that the Oslo process was a turning point: from then onward a dominant form of control has emerged, which includes ghettoization, spatial confinement and restriction of Palestinians to their villages and towns.”Alina Korn, “The Ghettoization of the Palestinians” in Thinking Palestine, Ed. Ronit Lentin, Zed Books, London & New York, 2008, p. 116.
4. Declaration on the Granting of Independence to Colonial Countries and Peoples, UNGA Resolution 1514 (XV),14 December 1960, para. 1.
5. Eretz Israel is a varying geographical construct that extend to parts of Jordan, Syria and Egypt and as far as Iraq – often captured in the phrase 'from the Nile to the Euphrates.’ The Israel Ministry of Foreign Affairs writes “the State of Israel is a Jewish state, first and foremost, in view of the right of the Jewish people to a single independent state of their own, and by reason of the historic and biblical connection between the Jewish people and the Land of Israel (Eretz Israel).” See Israel, the Conflict and Peace: Answers to frequently asked questions, November 2007, available from: http://www.mfa.gov.il/mfaIlan Pappe, The Ethnic Cleansing of Palestine, Oneworld, Oxford, 2007, pp. 10-15; Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003, p. 19;Oren Yiftachel, Ethnocracy, Land and Identity Politics in Israel/Palestine, University of Pennsylvania Press, Philadelphia, p.3; On creating and maintaining a Jewish majority, see Jonathan Cook, Blood and Religion, The Unmasking of the Jewish and Democratic State, Pluto Press, London, 2006, p. 100.
6. See Nur Masalha, Expulsion of the Palestinians: The Concept of 'Transfer' in Zionist Political Thought 1882-1948, Institute for Palestine Studies, US, 1992.
7. See Ronald C Slye, “Apartheid as a Crime Against Humanity: A Submission to the South African Truth and Reconciliation Commission,” 20 Michigan Journal of International Law. 267, 1998-1999, p. 288-289.
8. Roger S. Clark, “Apartheid,” International Criminal Law, Second Edition, Volume I, Edt. M. Cherif Bassiouni, 1991, p. 643, 644.
9. CERD General Recommendation No. 19, Racial segregation and apartheid (Art. 3) : 18 August 1995. The Convention on the Elimination of All Forms of Racial Discrimination, states “particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.” Article 3, Convention on the Elimination of all Forms of Racial Discrimination.
10. Article 1, Convention on the Elimination of All Forms of Racial Discrimination.
11. Robert Miles, “Racism as a Concept” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 351.
12. David Theo Goldberg, “The Semantics of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 372.
13. Article 2, Convention on the Suppression of the Crime of Apartheid.
14. Article 2, Convention on the Suppression of the Crime of Apartheid. [emphasis added]
15. Article 2, Convention on the Suppression of the Crime of Apartheid.
16. Article 85(4), First Additional Protocol to the Fourth Geneva Conventions, 1977.
17. Article 7, Rome Satute of the ICC. [Emphasis added]
18. See Ronald C Slye, “Apartheid as a Crime Against Humanity: A Submission to the South African Truth and Reconciliation Commission,” 20 Michigan Journal of International Law. 267, 1998-1999, p. 293.
19. Article 3, Convention on the Suppression and Punishment of the Crime of Apartheid.
20. Roger S. Clark, “Apartheid,” International Criminal Law, Second Edition, Volume I, Edt. M. Cherif Bassiouni, 1991, p. 645.
21. David Theo Goldberg, “The Semantics of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 370.
22. “In articulating as natural ways of being in the world and the institutional structures in and through such ways of being expressed, race both establishes and rationalized the order of difference as a law of nature.”David Theo Goldberg, “The Semantics of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 374.
23. Colette Guillaumin, “The changing face of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 362.
24. Colette Guillaumin, “The changing face of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 362.
25. Max Weber [1922]1978 Economy and Society eds. Guenther Roth and Claus Wittich, trans. Ephraim Fischof, vol. 2 Berkeley: University of California Press, p. 389.
26. See Roselle Tekiner, “Race and the Issue of National Identity in Israel,” International Journal of Middle East. Studies 23, 1991, p. 41,42.
On the relation between racial and ethnic group see Robert Miles, “Racism as a Concept” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 345.
Goldberg believes that the concept of race is ethnocentric because “ethnicity is the mode of cultural identification and distinction.” David Theo Goldberg, “The Semantics of Race,” in Racism, Edts. Martin Bulmer and John Solomos, Oxford University Press, p. 371.
27. CERD General Recommendation No. 08: Identification with a particular racial or ethnic group (Art.1, par.1 & 4), 22 August 1990.
28. Richard Jenkins, Social Identity, Second Edition, Routledge, London and New York, 2005, p. 5.
29. Richard Jenkins, Social Identity, Second Edition, Routledge, London and New York, 2005, p. 18.
30. David Theo Goldberg,“Racial Palestinianization” in Thinking Palestine, Ed. Ronit Lentin, Zed Books, London & New York, 2008, p. 42.
31. David Theo Goldberg,“Racial Palestinianization” in Thinking Palestine, Ed. Ronit Lentin, Zed Books, London & New York, 2008, p. 33.
32. Until 2000-2001, Israeli citizens' ID cards included a section under the heading 'nationality' that differentiated between Jews, Arabs, Druze, and Circassian.
33. Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003, p. 96.
34. Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003, p. 107.
35. Jerusalem ID cards are identical to those of Israeli citizen, with the notable exception that those Palestinians granted these cards in the year 1967 when the remainder of the city was occupied have ID numbers that begin with 080, and Palestinians granted these cards as a result of family unification have ID numbers that begin with 086.
36. Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003, p. 19.
37. Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Mr, Miloon Kothari, E/CN.4/2003/5/Add.1, June 2002, p. 4.
38. Oren Yiftachel, Ethnocracy, Land and Identity Politics in Israel/Palestine, University of Pennsylvania Press, Philadelphia, p.8.
39. Oren Yiftachel, Ethnocracy, Land and Identity Politics in Israel/Palestine, University of Pennsylvania Press, Philadelphia, p.8.
40. Prior to 1948, some of these plans were: Weizman Transfer Scheme (1930), Soskin Plan of Compulsory Transfer (1937), Royal (Peel) Commission recommendations (transfer of Arabs to Transjordan) (1937), Weitz Transfer Plan (1937), Bonne Scheme (1938), al-Jazirah Scheme (second transfer committee) (1938), Norman Transfer Plan to Iraq (1934-38), Ben-Horin Plan (1943-48), Plan Dalet (1948).See for instance Nur Masalha, Expulsion of the Palestinians: The Concept of 'Transfer' in Zionist Political Thought 1882-1948, Institute for Palestine Studies, US, 1992.See also Ilan Pappe, The Ethnic Cleansing of Palestine, Oneworld, Oxford, 2007.
Post 1948, “Resettlement” plans (various resettlement plans from the 1950s to the 1980s were elaborated to send Palestinians to Arab states (Libya, Jordan and El'Arish in Sinai Egypt) and Latin American countries. Other plans included the "Allon Plan" which called for Israel's annexation of up to half the West Bank, while Palestinians would be confined to the other half in two unconnected cantons to the north and south (late 1960s), the Jewish Agency and the World Zionist Organization Twenty-Year Plan (1975-1995), Sharon Seven Stars Plan and Trans-Israel Highway project (1977) calling for contiguous Israeli urban growth straddling both sides of the "Green Line"; Drobles Settlement Plan (1980-85); Unilateral disengagement plan (2003) – confirming Israel's intention to annex settlement blocks as part of Israel.See Nur Masalha, A Land Without a People, Israel, Transfer and the Palestinians 1949-1996, Faber and Faber, London, 1997.See also Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 72-78.
On current talks about transfer:In July 2001, a bill was proposed to encourage the emigration of Palestinian citizens of Israel on the grounds that “they do not identify with the Jewish character of the state” and in order to strengthen “Israel as a Jewish state and a democracy.”Sultany, Nimer, Citizens Without Citizenship. Mada’s First Annual Political Monitoring Report: Israel and the Palestinian Minority 2000–2002, Haifa: Mada, 2003, pp. 42–43. In November 2004, the National Union party drafted a bill (Person for Person Law 2004) proposing to transfer one Palestinian from Israel to the OPT for every Jewish settler removed from the OPT to Israel. When this bill was rejected, it was replaced by a new proposal (Disengagement Law 2004) that would “organize the evacuation of residents of southern Jerusalem.” According to the initiators, “the transfer of Arabs from densely populated Jewish areas will reduce the friction with the local residents, and may improve the fabric of Jewish life, the Jewish economy, and Jewish security.” Israel and the Palestinian Minority 2004, Sultany, Nimer (ed.), Mada’s Third Annual Political Monitoring Report. Haifa: Mada, July 2005, p. 33. In 2006, the right-wing Herut political party in Israel adopted as part of their electoral campaign the slogan “A good Arab is not a dead Arab; a good Arab sometimes wants to leave.” The slogan was eventually barred by the Central Committee managing the Israeli elections, although the party continued to advocate for the transfer of Palestinians. See Weekly Review of Human Rights Violations against the Palestinian Arab Minority in Israel, No. 264/3–10 March 2006, Nazareth: Arab Association for Human Rights, p. 3. For more, also See Jonathan Cook, Blood and Religion, The Unmasking of the Jewish and Democratic State, Pluto Press, London, 2006, pp. 118-122.
41. See Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 28, 73.
42. See Uri Davis, Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003; John Quigly, “Apartheid Outside Africa: The Case of Israel,” Ind. and International Comparative Law Review, 2, 1991-1992, p. 231.
43. Law of Return, Laws of the State of Israel, 1950.
44. Citizenship Law, Law of the State of Israel, 1952. Denial of the right of return through the Citizenship Law is unlawful.For instance, CERD urgent Israel “to assure equality in the right to return to one’s country and in the possession of property.” Concluding Observations of the Committee on Racial Discrimination, CERD/C/ISR/CO/13, 14 June 2007,para 18. For more on the de-nationalization of Palestinian refugees, see Gail J. Boiling, The 1948 Palestinian Refugees and the Individual Right of Return, An International Law Analysis, Badil Resource Center for Palestinian Residency and Refugees Rights, Bethlehem, Second Edition, July 2007, pp. 42-44.
45. John Quigly, “Apartheid Outside Africa: The Case of Israel,” Ind. and International Comparative Law Review, 2, 1991-1992, p. 231.
46. Ensuring Rejection of the Right of Return Law, 2001.In explaining the motive for the proposed bill during preliminary readings on 17 May 2000, MK Yisrael Katz said “the bill reflects a Zionist consensus not to allow the refugees of 1948 and 1967 to return to the sovereign areas of the State of Israel.....whoever wishes to live in a democracy and in equality – will find a place with us. Whoever seeks another national identity – let him go elsewhere. The right of return, a state for all its citizens – are expressions synonymous to the wish to destroy Israel.” In Nimer Sultany, Citizens without Citizenship, Mada's First Annual Political Monitoring Report: Israel and the Palestinian Minority 2000-2002, Mada – Arab Center for Applied Social Research, Haifa, 2003, pp. 19-20.
47. (Temporary Order) of 31 May 2003.
48. “The Committee notes with concern the application in the Occupied Palestinian Territories of different laws, policies and practices applied to Palestinians on the one hand, and to Israelis on the other hand.” Concluding Observations of the Committee on Racial Discrimination, CERD/C/ISR/CO/13, 14 June 2007,para 35.
49. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 72.
50. “The JNF has become a private Israeli company since 1953 according to a special law enacted by the Knesset known as the Israel National Fund Law of 1953. according to its memorandum the JNF acts within any area under the jurisdiction of the Government of Israel and for the benefit of Jews only, and in the case of dissolution of the JNF, all its property will be transferred to the Israeli Government. It is estimated that the JNF owns around 13 percent of the lands in Israel. In addition to the JNF Law, in 1953 the Israeli Parliament (Knesset) enacted the World Zionist Organization and the Jewish Agency (Status) Law. According to Article 4 of this law, these two “national organizations” have been recognized by the state of Israel as allowed “to continue acting in Israel to develop the state and its inhabitants, and to settle immigrants from the diaspora....” Usama Halabi, Israel's Land Laws as a Legal-Political Tool, Working Paper No. 7, Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, December 2004, p. 3. See also Uri Davis, Apartheid Israel, Possibilities for the struggle within, Zed Books, London, 2003, pp. 40-52.
51. See John Quigly, “Apartheid Outside Africa: The Case of Israel,” Ind. and International Comparative Law Review, 2, 1991-1992, p. 234.See Usama Halabi, Israel's Land Laws as a Legal-Political Tool, Working Paper No. 7, Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, December 2004, p. 6.
52. Uri Davis, Apartheid Israel, Possibilities for the struggle within, Zed Books, London, 2003, p. 41.
53. See Uri Davis, Israel: An Apartheid State, Zed Books, London, 1987, pp. 55-57.
54. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 57.
55. See Uri Davis, Israel: An Apartheid State, Zed Books, London, 1987, pp. 55-57.
56. Jonathan Cook, Blood and Religion, The Unmasking of the Jewish and Democratic State, Pluto Press, London, 2006, p. 17.
57. See Usama Halabi, Israel's Land Laws as a Legal-Political Tool, Working Paper No. 7, Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, December 2004, p. 3.
58. Uri Davis, Apartheid Israel, Possibilities for the struggle within, Zed Books, London, 2003, p. 46.See also Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 57, 75.
59. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 71.
60. Emergency Regulation Concerning Absentee Property, 1948 and later the Absentee Property Law 1950.Other laws are also used to expropriate Palestinian land such as the 1953 Land Acquisition (Validity of Acts and Compensation) Law and the 1943 Lands (Acquisition for Public Purposes) Ordinance, which although neutral, has been discriminatory. All lands taken under the 1943 Ordinance have become part of the state property according to the 1951 State Property Law. For more, see Usama Halabi, Israel's Land Laws as a Legal-Political Tool, Working Paper No. 7, Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, December 2004, p. 5.
61. According to the law, absentees are (1) a person who between 29th November 1947 and 19th May 1948 has ceased to exist, was a legal owner of any property situated in the area of Israel or enjoyed or held it, whether by himself or through another, and who, at any time during this period was a national or citizen of Lebanon, Egypt, Saudi Arabia, Trans-Jordan, Iraq or the Yemen or was in one of these countries or in any part of Palestine outside the area of Israel or was a Palestinian citizen and left his ordinary place of residence in Palestine for a place outside Palestine before 1sr September 1948 or for a place in Palestine held at that time by forces which sought to prevent the establishment of the state of Israel or which fought against its establishment; (2) a body of persons which, at any time during the period specified in paragraph (1), was a legal owner of any property situated in the area of Israel or enjoyed or held such property, whether by itself or through another, and all the members, partners, shareholders, directors or managers of which are absentees within the meaning of paragraph (1), or the management of the business of which is otherwise decisively controlled such absentees, or all the capital which is in the hands of such absentees. The Absentees’ Property Law, 5710-1950 in Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 41.
62. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 41.
63. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 85.
64. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 85.
65. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 85.
66. Convention on the Suppression and Punishment of the Crime of Apartheid, 1976, Article 2. See John Quigly, “Apartheid Outside Africa: The Case of Israel,” Ind. and International Comparative Law Review, 2, 1991-1992, p. 234.
67. John Quigly, “Apartheid Outside Africa: The Case of Israel,” Ind. and International Comparative Law Review, 2, 1991-1992, p. 236.
68. Only in Area C in the OPT, Israel has demolished 1,600 houses between January 2000 and September 2007and 3,000 houses have received demolition orders and could be demolished at any moment. See UN OCHA, ““Lack of Permit” Demolitions and Resultant Displacement in Area C,” OCHA Special Focus, May 2008. House demolition and forced evictions are implemented through a number of practices such as collective punishment and demolitions for so-called lack of building permit and military orders.
69. UN Commission on Human Rights, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Mr. Miloon Kothari, Fifty-ninth session, E/CN.4/2003/5/Add.1, 12 June 2002, para. 22.
70. UN Committee Against Torture, Concluding Observations; Israel, 2001.
71. In 2005, Minister of Justice, Tzipi Livni, confirmed that "the wall is the future border of the state of Israel" and that "the High Court of Justice, in its ruling over the fence, is drawing the country's border.” Haaretz, 1 December 2005.
“Israel's separation barrier in and around Jerusalem is meant to ensure a Jewish majority in the disputed city, a Cabinet minister acknowledged Monday, contradicting government claims that the divider is solely a temporary security measure. Haim Ramon, the Israeli Cabinet minister for Jerusalem, told Israel Radio the barrier is not only making the city safer by buffering against suicide bombers, but "also makes it more Jewish.” “Israeli Official: Wall to Ensure Jewish Majority,” Fox News, 11 July 2005.
72. The International Court of Justice in its advisory opinion the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in July 2004 reached a similar conclusion because .”..a significant number of Palestinians have already been compelled by the construction of the wall and its associated regime to depart from certain areas, a process that will continue as more of the wall is built, that construction, coupled with the establishment of the Israeli settlements […] is tending to alter the demographic composition of the [occupied Palestinian territory].” International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9 July 2004, para. 133.
“Actions that change the demographic composition of the Occupied Palestinian Territories are also of concern as violations of human rights and international humanitarian law.”Concluding Observations of the Committee on Racial Discrimination, CERD/C/ISR/CO/13, 14 June 2007,para 14.
“The ICRC also conveyed its concern to the Israeli authorities about the legal and humanitarian implications of the West Bank barrier, particularly the destruction or expropriation of Palestinian property and land and the forced displacement and isolation of Palestinian communities living in its path or vicinity.”ICRC Annual report 2004, p. 285.
73. For more on the Military Rule system, see Sabri Jiryis, The Arabs in Israel, Beirut: Institute of Palestine Studies, 1966.
74. Souad A. Dajani, Ruling Palestine, A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine, Center on Housing Rights and Evictions (COHRE) and Badil Resource Center for Palestinian Residency and Refugee Rights, Bethlehem, 2005, p. 63.
75. See Oren Yiftachel, Ethnocracy, Land and Identity Politics in Israel/Palestine, University of Pennsylvania Press, Philadelphia, p.4.
76. In November 2004, Prime Minister Ariel Sharon decided to create an emergency plan to “save the outlying areas” in the Naqab and Galilee. The plan is intended to increase land held by the Jewish population and ensure a Jewish majority in the Naqab (Negev) and Galilee. See Mada al-Carmel, The Arab Center for Applied Social Research, Israel and the Palestinian Minority 2004, Sultany, Nimer, (ed.), Mada’s Third Annual Political Monitoring Report, pp.41-42. See also Arab Association for Human Rights, 'Bedouins in the Negev, fact sheetand the Regional Council for the Unrecognized Villages in the Negev.
“In November 2005, the government adopted the Negev 2015 plan, a US$3.6 billion 10-year scheme aimed at increasing the Jewish population of the Negev by 200,000 by developing upscale residential neighborhoods, fast transportation networks for commuters, high tech establishments, and better educational facilities. While the plan does propose upgrades to the appalling infrastructure and educational facilities in the government-planned Bedouin townships, it completely ignores the needs of the Bedouin living in unrecognized villages in the Negev.” “Israeli officials insist that Bedouin can relocate to seven existing government-planned townships. But in fact alternative housing there is not readily available, and these towns are currently ill-equipped to handle a further influx of residents. Most Bedouin reject the idea of relocating to the townships, where poverty and crime rates are high, basic socioeconomic infrastructure is lacking, and they cannot continue traditional means of livelihood such as herding and grazing. Most important, the state requires Bedouin who move to the townships to renounce their ancestral land claims, which is unthinkable for most Bedouin who have such claims to land.” Human Rights Watch, Off the Map Land and Housing Rights Violations in Israel’s Unrecognized Bedouin Villages, Volume 20, No. 5 (E),March 2008, pp. 4, 5.
CERD recommended that Israel “enquire into possible alternatives to the relocation of inhabitants of unrecognized Bedouin villages in the Negev/Naqab to planned towns, in particular through the recognition of these villages and the recognition of the rights of the Bedouins to own, develop, control and use their communal lands, territories and resources traditionally owned or otherwise inhabited or used by them. It recommends that the State party enhance its efforts to consult with the inhabitants of the villages and notes that it should in any case obtain the free and informed consent of affected communities prior to such relocation.” Concluding Observations of the Committee on Racial Discrimination, CERD/C/ISR/CO/13, 14 June 2007,para 25.
77. Bedouin comprise 25 percent of the population of the northern Negev (Naqab), but have jurisdiction over less than 2 percent of the land there.“Israeli officials contend that they are merely enforcing zoning and building codes, but the state systematically demolishes Bedouin homes while overlooking or retroactively legalizing illegal construction by Jewish citizens.”Human Rights Watch, Off the Map Land and Housing Rights Violations in Israel’s Unrecognized Bedouin Villages, Volume 20, No. 5 (E),March 2008, p. 5.
78. Human Rights Watch, Off the Map Land and Housing Rights Violations in Israel’s Unrecognized Bedouin Villages, Volume 20, No. 5 (E),March 2008, p. 5.
79. Comments by Yaron Levy, secretary of Moshav Nir Zvi regarding the separation wall between the moshav and Pardes Snir neighbourhood in the city of Lid.Larry Ben-David, “The Separation Wall within the Green Line,” Ma'ariv Online, 3 March 2003 (in Hebrew) cited in Behind the Walls, Separation Wall between Arabs and Jews in Mixed Cities and neighbourhoods in Israel, Arab Association for Human Rights, Nazareth, December 2005, p. 18. See also Jonathan Cook, Blood and Religion, The Unmasking of the Jewish and Democratic State, Pluto Press, London, 2006, p. 4.
80. Concluding Observations of the Committee on Racial Discrimination, CERD/C/ISR/CO/13, 14 June 2007, para 22.
81. Uri Davis, Apartheid Israel, Possibilities for the struggle within, Zed Books, London, 2003, p. 2.
Applicability of the Crime of Apartheid to Israel
The Crime of Apartheid under International Law
Applicability of the Crime of Apartheid to Israel
Apartheid across the Green Line and Boundaries
Conclusion
Apartheid Notes