Colonialism “constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.”70 Struggle in the pursuit of the right to self-determination is lawful and legitimate for people whose right to selfdetermination is denied because of their subjugation, domination and exploitation by a foreign power.71 Israeli colonialism utilizes settlements (colonies) as a means of subjugation and domination: spatially, legally, socially and economically. According to Richard Falk, UN Special Rapporteur on the Situation of Human Rights in the occupied Palestinian territory: To sustain indefinitely an oppressive occupation containing many punitive elements also seems designed to encourage residents to leave Palestine, which is consistent with the apparent annexationist, colonialist and ethnic-cleansing goals of Israel, especially in relation to the West Bank, including East Jerusalem.72 Spatial domination manifests in the ever increasing and expanding settlements (colonies) on Palestinian lands. Legal subjugation is present in legislation that targets or excludes the Palestinian citizens based on their ethnicity, the separate military law for Palestinians in the occupied Palestinian territory (excluding East Jerusalem) and civil law for Jewish-Israelis, and the enforcement of exile and denial of displaced Palestinians’ right of return while privileging Jewish immigration in addition to the constant denial of the right to self-determination.73 Social subjugation is apparent in the traumatized and frayed social relations of Palestinians and the extinction of indigenous ways of life. Economic domination exists through Israel’s monopoly over Palestinian resources, such as agricultural lands and much-needed water supplies, and exclusion of Palestinians from markets. 3. Apartheid Apartheid is one of the most severe forms of racism, “a political system where racism is regulated in law through acts of parliament.”74 Article 3 of the Convention on the Elimination of Racial Discrimination (CERD) defines apartheid as a form of racial segregation. The Convention on the Suppression and Punishment of the Crime of Apartheid (1976) defines apartheid as: 70 Declaration on the Granting of Independence to Colonial Countries and Peoples, UNGA Resolution 1514 (XV),14 December 1960, para. 1. 71 See Orna Ben-Naftali, Aeyal M. Gross & Keren Michaeli, “Illegal Prolonged occupation: Framing the occupies Palestinain Territory”, 2005, 23 Berkely Journal of Interntional Law 551, pp. 565-566. 72 A/HRC/25/67, 13 January 2014, paragraph 4. 73 See i.e. A/HRC/16/72, para. 32(b). 74 Davis, Uri, Apartheid Israel: Possibilities for the Struggle within, 2003, p. 37. 25

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