Published by The LA Times on 17 May 2014
The storm of controversy after Secretary of State John F. Kerry’s warning that Israel risked becoming an “apartheid state” reminded us once again that facts, data and the apparently tedious details of international law often seem to have little bearing on conversations about Israel conducted at the highest levels of this country. As was the case when other major figures brandished the “A-word” in connection with Israel (Jimmy Carter comes to mind), the political reaction to Kerry’s warning was instantaneous and emotional. “Israel is the only democracy in the Middle East, and any linkage between Israel and apartheid is nonsensical and ridiculous,” said California Sen. Barbara Boxer. That’s that, then, eh?
Not quite. Flat and ungrounded assertions may satisfy politicians, but anyone who wants to push the envelope of curiosity even a little bit further might want to spend a few minutes actually thinking over the term and its applicability to Israel.
“Apartheid” isn’t just a term of insult; it’s a word with a very specific legal meaning, as defined by the International Convention on the Suppression and Punishment of the Crime of Apartheid, adopted by the U.N. General Assembly in 1973 and ratified by most United Nations member states (Israel and the United States are exceptions, to their shame).
According to Article II of that convention, the term applies to acts “committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.” Denying those others the right to life and liberty, subjecting them to arbitrary arrest, expropriating their property, depriving them of the right to leave and return to their country or the right to freedom of movement and of residence, creating separate reserves and ghettos for the members of different racial groups, preventing mixed marriages — these are all examples of the crime of apartheid specifically mentioned in the convention.
Seeing the reference to racial groups here, some people might think of race in a putatively biological sense or as a matter of skin color. That is a rather simplistic (and dated) way of thinking about racial identity. More to the point, however, the operative definition of “racial identity” is provided in the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (to which Israel is a signatory), on which the apartheid convention explicitly draws.
There, the term “racial discrimination” is defined as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”
A few basic facts are now in order.
The Jewish state (for so it identifies itself, after all) maintains a system of formal and informal housing segregation both in Israel and in the occupied territories. It’s obvious, of course, that Jewish settlements in the West Bank aren’t exactly bursting with Palestinians. In Israel itself, however, hundreds of communities have been established for Jewish residents on land expropriated from Palestinians, in which segregation is maintained, for example, by admissions committees empowered to use ethnic criteria long since banned in the United States, or by the inability of Palestinian citizens to access land held exclusively for the Jewish people by the state-sanctioned Jewish National Fund.
Jewish residents of the occupied territories enjoy various rights and privileges denied to their Palestinian neighbors. While the former enjoy the protections of Israeli civil law, the latter are subject to the harsh provisions of military law. So, while their Jewish neighbors come and go freely, West Bank Palestinians are subject to arbitrary arrest and detention, and to the denial of freedom of movement; they are frequently barred from access to educational or healthcare facilities, Christian and Muslim sites for religious worship, and so on.