the very right of the Palestinian people to self-determination, while attempting
to legitimize an Israeli claim to that very same right.401
It should be noted that since its creation, Israel has been denying the Palestinian
people their right to self-determination. However, Israel’s policies and
practices have also had a significant impact on the international community’s
perception of this right. Ultimately, the international delegitimization of this
right could potentially lead to the altering of relevant UN resolutions and the
adoption of solutions that limit the content and scope of these rights with
respect to Palestine and the Palestinian people.
Looking at the policies of segregation, fragmentation, and isolation through
the lens of colonialism and apartheid, it is clear that they serve the purpose
of entrenching an increasingly harsh coercive environment directly leading
to and/or facilitating population transfer and ultimately denying and
delegitimizing the Palestinian people’s right to self-determination.
4.3. States’ Duties and Recommendations
In consideration of the above, all these practices conspicuously fall under
the scope of apartheid practices as listed under Article 2 of the Apartheid
Convention,402 and racial segregation prohibited under Article 3 of the CERD.403
They constitute measures that, taken in conjunction with each other, are
“designed to divide the population along racial lines,”404 to “prevent a racial
group […] from participation in the political, social, economic and cultural
life of the country and […] preventing its full development,”405 which end up
imposing “living conditions calculated to cause its physical destruction in
whole or in part.”406 As such, they constitute crimes against humanity.407
Because these apartheid practices undermine the Palestinian people’s
enjoyment of their substantial rights, as well as their collective cohesion,
401 Basic Law: Israel - the Nation State of the Jewish People, 5778-2018 (Isr.), unofficial translation by
Dr. Susan Hattis Rolef, available at: https://knesset.gov.il/laws/special/eng/BasicLawNationState.pdf.
See BADIL, The Nation State Law: The Culmination of 70 years of Israeli Apartheid and Colonization,”
(2018), available at: https://www.badil.org/phocadownloadpap/badil-new/publications/research/infocus/NationStateLaw(PositionPaper-BADIL-Oct2018).pdf
402 Convention on Apartheid, supra 34, art.2.
403 ICERD, supra 43, art.3.
404 Convention on Apartheid, supra 34, art.2(d).
405 Id., art.2(c).
406 Id., art.2(b).
407 Id., art.1.
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