political-economic domination,39 policies aimed at the destruction of social
cohesion,40 and practices banning and criminalizing national and cultural
identity.41
1.2. Policies of Segregation, Fragmentation and
Isolation as Violations of International Law
With that in mind, policies of segregation, fragmentation and isolation are
designed with the explicit intent of disrupting the integrity and continuity
of Palestinians’ collective identity, and with it, their capacity as a people to
enjoy their right to self-determination.
1.2.1. Segregation
Segregation refers to a set of policies or practices, laws, regulations, and
administrative decisions that generates an enforced systemic separation of
one community from another, whether partial or total, in a manner that
discriminates against the community that the oppressor has deemed inferior.42
As a matter of international law, racial segregation is expressly prohibited
39 E.g., the economic-political domination of the indigenous people of Canada through their dispossession
of their lands and self-determining authority, officially construed as a politics of recognition based on
the accommodation of identity claims in consideration of negotiation of settlements on land, economic
development and self-government. See Glen Coulthard, ‘’Subjects of Empire? Indigenous Peoples
and the ‘’Politics of Recognition’’ in Canada,’’ (PhD Thesis, University of Victoria, 2003), available
at:
https://dspace.library.uvic.ca/bitstream/handle/1828/1913/Dissertation_Formated%5B1%5D.
pdf?sequence=1&isAllowed=y [accessed 28 February 2020].
40 E.g.., the case of Aboriginal and Torres Strait Islander children of Australia removed from their
communities by government authorities from the early twentieth century until the late 60s with
the assumed objective of socializing them to Western-Australian society, known as the ‘Stolen
Generations.’ See Barbara Hocking (ed.), Unfinished Constitutional Business?: Rethinking Indigenous
Self-Determination (Canberra: Aboriginal Studies Press, 2005), 38. A similar process was directed
towards Native American children attending ‘Indian Residential Schools’ until the mid-twentieth
century for the purpose of assimilation to Euro-American culture. See Donna Deyhle and Karen
Swisher, ‘’Chapter 3: Research in American Indian and Alaska Native Education: From Assimilation to
Self-Determination,’’ Review of Research in Education 22, no.1 (1997).
41 E.g., the alienating of traditional medicinal practices and the criminalization of traditional ceremonial
practices in Canada led to the persecution of many political and spiritual leaders. See Reanne Li,
“Indigenous Identity and Traditional Medicine: Pharmacy at the Crossroads,” Canadian Pharmacists
Journal 150, no. 5 (2017), available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5582679/
[accessed 28 February 2020].
42 To understand the distinction between segregation and separation, given that both terms are generally
used interchangeably within the human rights framework, See M.X.’s Address, ‘’The Race Problem,’’
African Students Association and NAACP Campus Chapter, Michigan State University, Michigan, 23
January 1963, available at: http://ccnmtl.columbia.edu/projects/mmt/mxp/speeches/mxt14.html
[accessed 28 February 2020].
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