Daniyel,
et al,
"Apartheid" is a common theme directed at the Israelis, but one must understand what "Apartheid" means.
First the definition:
Article 7 --- Crimes against humanity --- Rome Statues, International Criminal Court
Para 2(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
Para 1 --- For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
This should not be confused with domestic law
(internal political compact & basic law) or occupation law
[International Humanitarian Law (IHL)]:
This is to say that the laws governing the citizenry inside the State of Israel are different
(established through self-determination) then those laws
(established by the international community) pertaining to the protections of persons over which Israel exercises "effect control" within the occupied territories.
Internally, Israel is govern by an extensive set of Basic Laws, the most applicable subset of these Basic Laws to the issue of "Apartheid" is the set known as:
Basic Law: Human Dignity and Liberty (1992)
Purpose 1. The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.
Amendment of
section 1 (1) Section 1 shall be designated 1(a) and shall be preceded by the following section:
Basic principles
1. Fundamental human rights in Israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.
Preservation of life, body and dignity 2. There shall be no violation of the life, body or dignity of any person as such.
Protection of property 3. There shall be no violation of the property of a person.
Protection of life, body and dignity 4. All persons are entitled to protection of their life, body and dignity.
Personal liberty 5. There shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise.
Leaving and entering Israel 6.
(a) All persons are free to leave Israel.
(b) Every Israel national has the right of entry into Israel from abroad.
Privacy 7.
(a) All persons have the right to privacy and to intimacy.
(b) There shall be no entry into the private premises of a person who has not consented thereto.
(c) No search shall be conducted on the private premises of a person, nor in the body or personal effects.
(d) There shall be no violation of the confidentiality of conversation, or of the writings or records of a person.
Violation of rights 8. There shall be no violation of rights under this Basic Law except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required.
Amendment of
section 1
(2) At the end of section 8, the following shall be added:
"or by regulation enacted by virtue of express authorization in such law."
Reservation regarding security forces 9. There shall be no restriction of rights under this Basic Law held by persons serving in the Israel Defence Forces, the Israel Police, the Prisons Service and other security organizations of the State, nor shall such rights be subject to conditions, except by virtue of a law, or by regulation enacted by virtue of a law, and to an extent no greater than is required by the nature and character of the service.
Validity of laws 10. This Basic Law shall not affect the validity of any law (
din) in force prior to the commencement of the Basic Law.
Application 11. All governmental authorities are bound to respect the rights under this Basic Law.
Stability 12. This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required.
As one can from a review of the applicable laws, there is NO "widespread or systematic attack directed against any civilian population" of Israel that is not covered by a protection under domestic law.
As for the occupied territories, the
(direct and indirect) "effective control" is to maintain and "ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country
(the State of Palestine)." This includes the swift application of law enforcement and security measures necessary to deal effectively with "Protected persons who commit an offence which is solely intended to harm the Occupying Power" under
Article 68, Fourth Geneva Convention, mandated by the International Community
(Applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories --- emphasized under A/RES/68/81 16 December 2013). Or --- until such time as effective control is no longer required over the State of Palestine as it comes to terms under the Principles of International Law concerning Friendly Relations and Co-operation among States:
"Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States." (
A/RES/25/2625)
- Declaration of Principles on Interim Self-Government Arrangements (OSLO Accord I)
- Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (OSLO Accord II)
It is understood that these negotiations shall cover remaining issues, including: Jerusalem, refugees, settlements, security arrangements, borders, relations and cooperation with other neighbours, and other issues of common interest.
The various containment, quarantine measures, and security cordons are within the occupied territories are NOT to force a separation "in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime," but to maintain and "ensure, as far as possible, public order and safety," during the occupation period.
Most Respectfully,
R