Apartheid

According to Article 7 of the Rome Statute, the crime of Apartheid refers to actions, policies, and courses of conduct with the purpose of maintaining an institutionalized regime of systematic racism and racial domination. Based on this definition, the word "Apartheid" will not only refer to the historical regime of South Africa (1948-1994) but is also recognized as a crime against humanity on par with torture and slavery. Due to certain similarities in legal systems and roots of establishment, Israel and the Apartheid Regime of South Africa have been considered to be analogous in various international documents sponsored by the United Nations until 1991. This study aims to analyze the historical rationale behind this recognition and the reversal of course by the United Nations General Assembly, which was initiated with the revocation of A/RES/3379 resolution (the equation of Zionism with racism). Furthermore, in the light of recent developments on domestic and international levels, it seems several unaligned trends are gaining ground in this respect to reaffirm the previous attribution of the crime of Apartheid to Israel. Through using E-Library data and employing the descriptive-analytical method, the veracity of the said trends, their projection, and their perseverance will be further discussed in this paper.

“Prolonged Occupation and International Law”, published in late March 2023 by Brill Publishing House, is a landmark collection of essays on the Israeli regime's protracted occupation of Palestinian territory. The 16-chapter book is a treasure trove of valuable contributions from eminent scholars, professors, lawyers, practitioners, and policymakers, including former UN Special Rapporteurs. The book has received acclaim from several legal scholars, including William A. Schabas, Professor of International Law, School of Law, Middlesex University, who has offered a glowing review, stating: “Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel’s prolonged occupation of Palestine as well as potential remedies that can confront the illegalities.”  The book intends to draw international attention to the extraordinary length of the occupation of the Palestinian territory by Israel, which has now lasted more than half a century. Chapters in this book cover a broad spectrum of topics related to the prolonged occupation and Israel’s control, ranging from colonialism to apartheid. Authors unanimously assert the illegality of the occupation from day one, and emphasize that indefinite occupation and colonialism collide with the foundational requirement under international humanitarian law that the occupied territory be returned to the occupied population. The miscellany also underscores the critical importance of historical analysis in comprehending the root causes that have propelled Israel onto its current trajectory of apartheid, colonialism, and annexation. Unfolding the past - the book argues- is essential for addressing the intergenerational trauma and injustice inflicted upon the Palestinian people and ultimately achieving a just and durable resolution. This brief analysis will summarize the book's principal arguments and evaluate its key themes presented in two parts, followed by a critical assessment.