100 chapter two Racism is not apartheid and apartheid is not racism. Apartheid is a political system where racism is regulated in law through acts of parliament. Racism is prevalent in all states, including liberal democratic states such as the current western liberal democracies. But in liberal democratic states, those victimized by racism have legal recourse to seek the protection of the law under a democratic constitution, namely a constitution that embodies the values of the Universal Declaration of Human Rights. In an apartheid state, on the other hand, the state enforces racism through the legal system, criminalizes expressions of humanitarian concern and obligates the citizenry through acts of parliament to make racist choices and perform racist behaviour.120 The intellectual and political awareness that Israel is an apartheid state and challenges to projections of the Jewish state as ‘the only democracy in the Middle East’ have existed for many years among most post- and antiZionists in Israel and abroad. However, though numerous legal, political and historical comparisons between the State of Israel and Apartheid South Africa have been published, few have provided a systematic legal account of the apartheid regime in Israel that includes the whole of Palestinian society, including Palestinian citizens of Israel, Palestinians in Jerusalem, the West Bank and Gaza Strip, and the Palestinian refugee population. This point was raised by Karine Mac Allister in “The Applicability of the Crime of Apartheid to Israel,” where she attempts to provide a legal framework that considers the apartheid policies and practices of the Israeli regime against the whole of the Palestinian nation on both sides of the ‘Green Line’. Mac Allister writes that “wherever they are and whatever their legal ­status … Palestinian citizens of Israel, refugees, and those in the OPT are victims, albeit in different ways, of Israel’s regime of apartheid.”121 That said, and Mac Allister and others have pointed to this, when discuss­ ing Israeli crimes of apartheid we are not negating the fact that Israel’s 120 Davis 2003, 37. An important source for students of the Zionist-Palestinian conflict, Davis’s 2003 follow-up to his outline of Israeli apartheid, written over a decade prior, laid out, in great detail, Israel’s blatant violations of international law and most United Nations General Assembly and Security Council resolutions, and goes on to challenge Israel’s popular and mainstream characterizations in Western academic and political spaces as the ‘only democracy in the Middle East’. Indeed, Davis’s contribution here is key for any challenge to liberal-Zionist defences of the Zionist incorporation regime. Also, as an extension of his anti-Zionist politics, Davis identifies himself as as a ‘Palestinian-Hebrew’ national of Jewish origin. 121 Karine Mac Allister, “Applicability of the Crime of Apartheid to Israel,” Badil Resource Center for Palestinian Residency and Refugee Rights, al-Majdal, no. 38 (Summer 2008), http://www.badil.org/en/al-majdal/item/72-applicability-of-the-crime-of-apartheid -to-israel.