These practices deny the rights to freedom of expression, opinion, peaceful assembly and association, and highlight an ongoing Israeli policy of suppression of Palestinians who openly challenge Israeli practices. Article 2(f) of the Apartheid Convention, which reads “Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid,” provides that the suppression of resistance and opposition to apartheid, and the system of institutionalized domination that it involved, was one of the hallmarks of an apartheid regime.393 After consideration of the Israeli policies and practices, their systematic nature, and when compared to the policies of suppression of resistance used in apartheid South Africa, a finding of suppression of Palestinian resistance as a pillar of the crime of apartheid can be deduced. Forced Displacement and Forcible Transfer Some aspects of the policy of suppression of resistance constitute automatic deportation or forcible transfer under Article 49 of the Fourth Geneva Convention, and a war crime and crime against humanity under the Rome Statute. Transferring Palestinian prisoners from the oPt to prisons inside Israel is an illegal act that amounts to deportation, while sending prisoners to the Gaza Strip upon release or punitive revocation of residency constitutes forcible transfer. An unknown number of Palestinians have also left their homes by force as a result of threats of force or coercion, duress, psychological oppression, or other Israeli acts of suppression of resistance. As shown throughout the paper, these Israeli policies and practices do not only impact those directly affected by them but also the community as a whole. The collective consequences imposed on Palestinians spreads the fear of persecution or of being subjected to suppression to all those living under Israeli control. Their forced displacement due to the deeply oppressive living environment surrounding them is consistent with legal definitions of forcible transfer in the oPt and with forced displacement inside Israel. Other consequences are also derived from the policies described throughout the Paper, including the criminalization of all kinds of resistance, which has resulted in a decrease in popular opposition to the system of domination. This impact and weakening of Palestinian resistance has decreased opposition not only to the system in general, but to the specific policies of forced displacement that Israel implements across Mandate Palestine. A decrease in resistance makes it easier for the occupying power to continue implementing its regime of colonization, through transferring 393 Human Sciences Research Council, Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid, May 2009 105

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents