the israeli incorporation regime101
ultifaceted system of control and expulsion of the Palestinian nation is
m
also one of intense settler colonialism and occupation. This point was
made by United Nations Special Rapporteur, John Dugard, in a 2007 Report
on the situation of human rights in the Palestinian territories occupied by
Israel since 1967:
The international community has identified three regimes as inimical to
human rights– colonialism, apartheid and foreign occupation. Israel is
clearly in military occupation of the OPT. At the same time elements of the
occupation constitute forms of colonialism and of apartheid, which are contrary to international law. What are the legal consequences of a regime of
prolonged occupation with features of colonialism and apartheid for the
occupied people, the occupying Power and third States? It is suggested that
this question might appropriately be put to the International Court of
Justice for a further advisory opinion.122
The objective of military occupation differs from that of apartheid. In
principle, military occupation is not arranged in the form of a long-term
oppressive regime of control; rather it is understood as a temporary postconflict mechanism for ensuring law, stability and security in a certain territory. Of course, this account does not apply to the Israeli military
occupation of the West Bank and Gaza Strip – one of the longest occupations in modern history. In other words, Israel’s ongoing military presence
is not a ‘normal’ type of occupation. In a separate article, Dugard writes:
Since 1967 Israel has imposed its control over the Palestinian territories in
the manner of a colonizing power, under the guise of occupation. It has permanently seized the territories’ most desirable parts – the holy sites in East
Jerusalem, Hebron and Bethlehem and the fertile agricultural lands along
the Western border and in the Jordan Valley – and settled its own Jewish
‘colonists’ throughout the land.123
And, as we saw above, an analysis of colonialism is part and parcel to any
account the Zionist national project in Palestine. The Judaization project
that lies at the root of Zionism is, by definition, a project of exclusion:
seeking to create a Jewish state for the Jewish people and simultaneously
122 United Nations General Assembly Human Rights Council, Fourth Session,
Implementation of General Assembly Resolution 60/251 of 15 March 2005 Entitled ‘Human
Rights Council’: Report of the Special Rapporteur on the situation of human rights in the
Palestinian territories occupied since 1967, John Dugard, (A/HRC/4/17), January 29, 2007,
http://ap.ohchr.org/documents/dpage_e.aspx?m=91.
123 John Dugard, “Apartheid: Israelis adopt what South Africa dropped,” The Electronic
Intifada, November 29, 2006, http://electronicintifada.net/content/apartheid-israelis
-adopt-what-south-africa-dropped/6568.
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