102 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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