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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents