retaliation, which includes not mentioning issues that are of most ‘controversy’, such as the
issue of Palestinian refugees.186
Israel’s ability to maintain its impunity is thus further aggravated by the international
community’s lack of political will to confront Israel and risk international alienation. The
Western response to Russia’s invasion of Ukraine has confirmed this in an unprecedented
way. The US and EU rightfully took rapid measures, including sanctions, to hold Russia
accountable for its military operation and alleged war crimes, speaking of the rules-based
world order and the rights of refugees. However, this stands in massive contrast to the
reactions that western states have given to Israel’s more than 74 years of ongoing Nakba and
half-century military occupation and crimes, whereby both have been directly complicit in
enabling Israeli aggression, especially through the former’s unwavering military aid and the
latter’s unwillingness to take a hardline on Israeli racist policies.187
In fact, the international community, rather than implementing practical measures to hold Israel
accountable, is adopting policies that exponentially shrink the already miniscule Palestinian
civil society space. This includes the previously discussed practices of political conditional
funding, equating criticism of Israel with antisemitism, criminalizing legitimate resistance
(such as the BDS), and marginalizing UNRWA. The international community continues to
undermine the legal rights that Palestinians are entitled to as well as the international forums
and judicial bodies that they resort to. This is especially evident in the EU’s boycott of Item
7 in the UN Human Rights Council (HRC), a position that is increasingly concerning given
the absence of Item 7 in the 50th Human Rights Council Session’s (13 June - 8 July 2022)
Programme of Work.188 Furthermore, Member States operate within a policy of double
standards, punishing other States for the very same crimes that Israel continues to freely
and openly commit against the Palestinian people. The international community thus lacks
the political will to respect and ensure the rights for all people living in Mandatory Palestine
as well as those in exile who are due to return and refuses to acknowledge that colonialism
has been the guiding axiom of the Zionist-Israeli enterprise, operating at the expense of
Palestinian self-determination.
1.3.7. Recent Recognitions of Israel as an Apartheid State and
their Shortcomings
The call to recognize Israel as a state which practices a system of apartheid is not new; the
accusation goes at least as far back as 1965, as detailed in Fayez Sayegh’s Zionist Colonialism in
Palestine, which compared the racial systems of domination between the Israeli government
186
See, for example, UNGA, A/HRC/50/21 (n 184).
IMEU, ‘IMEU Policy Analysis #6: Accountability for Russia, Impunity for Israel in US Policy’ (IMEU, 30 March
2022) <https://imeu.org/article/imeu-policy-analysis-6-accountability-for-russia-impunity-for-israel-in-us> accessed
3 October 2022.
188
Found at UNHRC, ‘50th regular session of the Human Rights Council (13 June – 8 July 2022)’ (UNHRC, 2022)
<https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session50/regular-session> accessed 3 October 2022.
187
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