Since then, Israel developed a legal, political and military rule over the
Palestinian people that combines occupation, apartheid and colonization,67
and facilitates the forced displacement of Palestinians on both sides of the
Green Line, which is the Armstice Line of 1949. Former UN Special Rapporteur
on the Situation of Human Rights in the occupied Palestinian territory, John
Dugard, identified the existence of these overlapping regimes throughout
the occupied Palestinian territory, and underscored the consensus of the
international community around them “as inimical to human rights.”68
Furthermore, he states that Israel’s occupation contains elements of
apartheid, manifested in a host of laws and practices that discriminate against
Palestinians in favor of Jewish-Israeli settlers (colonizers).69 Israeli practices in
the occupied territory include the exercise of sovereignty, annexation of land,
implanting of settlers (colonizers), fragmentation of the territory, forcible
displacement of civilians and so forth.
1. Belligerent occupation
Belligerent occupation is accepted as a possible consequence of armed
conflict though under the law of armed conflict (international humanitarian
law), it is intended to be a temporary state of affairs. Israel has a de facto
authority to administre the occupied Palestinian territory, but is not allowed
to exercise sovereignty over it. International law prohibits the unilateral
annexation or permanent acquisition of territory as a result of the threat
or use of force. Israel is to enforce existing laws in the territory, but has no
right to change or annuling them. Moreover, Israel is obliged to abide by the
relevant rules of the law of armed conflict — principally the provisions of the
Hague Regulations of 1907 and the Fourth Geneva Convention of 1949 — in
its administration of the territory.
2. Colonization
Colonization is a practice of colonialism, defined in the Declaration on the
Granting of Independence to Colonial Countries and Peoples (1960) as
a state in which the acts of a State have the cumulative outcome that it
annexes or otherwise unlawfully retains control over territory and thus aims
permanently to deny its indigenous population the exercise of its right to selfdetermination. Colonialism is considered to be a particularly serious breach
of international law because it is fundamentally contrary to core values of the
international legal order.
67 For analysis of Israel’s apartheid, colonialism and occupation, see the study of the Human Sciences Research
Council of South Africa (HSRC): “Occupation, Colonialism, Apartheid? A Re-Assessment of Israel’s Practices
in the Occupied Palestinian Territories under International Law”, Capetown, South Africa, May 2009. See
also: Davis, Uri Apartheid Israel, Possibilities for the Struggle Within, Zed Books, London, 2003.
68 “Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967,
Dugard, John, Implementation Of General Assembly Resolution 60/251 Of 15 March 2006”, A/HRC/4/17, 29 January 2007.
69 GA/SHC/3893, 24 October 2007.
24
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