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chapter two
rejecting the rights, presence and history of the non-Jewish Other. Thus,
the measures of apartheid applied by the Israeli establishment are
endemic to the settler-colonial enterprise that fuels the political Zionist
project. Here Israel’s settler-colonial project, mechanisms of occupation
and apartheid function in conjunction with, and are amplified by, one
another. In essence, when determining what kind of citizenship regime or
system of control exists in all Israeli-administered territories, we must
include an account of settler colonialism, occupation and apartheid, and
examine ways in which their respective policies and practices are merged.
On this merging of the three regimes of oppression, Dugard asks an
important – and still unanswered – question:
What are the legal consequences of a regime of occupation that has continued for nearly 40 years? Clearly none of the obligations imposed on the
occupying power are reduced as a result of such a prolonged occupation. But
what are the legal consequences when such a regime has acquired some of
the characteristics of colonialism and apartheid? Does it continue to be a
lawful regime? Or does it cease to be a lawful regime, particularly in respect
of ‘measures aimed at the occupants’ own interests’? And if this is the position, what are the legal consequences for the occupied people, the occupying Power and third States?124
Now, when identifying the Israeli incorporation regime as structured in
the form of an apartheid state system, Mac Allister begins by pointing out
that in order to determine whether the policies and practices of consecutive Israeli governments can be defined as apartheid in nature, one must
first identify the racial groups that are placed in a relation of legally
entrenched domination with one another. Regarding ascription of the
crime of apartheid to the State of Israel, the two relevant racial or ethnic
groups are Palestinian nationals and Zionist Jewish-Israelis.125 Mac Allister
contends:
The victims of apartheid, in the Israeli case, are the Palestinian people,
namely persons belonging to the Palestinian nation. For Palestinians, the
test is whether they identify themselves as Palestinian nationals. If they
do, and regardless of their geographic location or legal status, they constitute one ‘racial’ or ‘ethnic’ group because of their shared identity, which
for instance includes a common culture, history and origin. …. In the case of
the dominant group and perpetrators of apartheid, the test is based on
124 United Nations General Assembly Human Rights Council, Report of the Special
Rapporteur … John Dugard.
125 Mac Allister, “Applicability of the Crime of Apartheid to Israel,” al-Majdal.
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