Ethnic Cleansing (Slow Motion) – Part Two
According to the Hague Regulations of 1907 regarding an occupation, “A territory is considered occupied when it is actually placed under the authority of the hostile army.” [14]
In 1967, the government of Israel conquered East Jerusalem, the West Bank, and the Gaza Strip, as well as other areas. This attack was a preemptive strike against Egypt, Jordan, and Syria called the Six-Day War. An additional 100,000 Palestinian refugees escaped or were expelled to the east side of the Jordan River in what is today the country of Jordan. Afterward, the government of Israel bulldozed many of the refugees’ homes and villages to ensure they couldn’t return. [15]
As a result, the Palestinians have been under military occupation for the past 56 years. Here are the facts on the ground just prior to the recent war in the Gaza Strip:
Basic Rights
● All Israeli Jews in the occupied Palestinian territories can vote in Israel’s elections and travel freely. Conversely, Palestinians who live in those same occupied Palestinian territories can’t vote in Israel’s elections. Further, the government of Israel restricts their movement to various degrees depending on where the Palestinians live. [16] [17]
● The government of Israel created two different types of justice systems. Israeli Jews in the occupied Palestinian territories go to the Israeli civilian court system. In contrast, Palestinians — including children — in the same occupied territories go to military court where the laws and punishments are different and have conviction rates greater than 99%.[17]
● The government of Israel is detaining approximately 2,000 Palestinian men, women, and children and is holding them indefinitely under “administrative detention” with no charges against them. [17]
Here is a short list of laws (paraphrased) that prohibit certain activities in the Occupied Palestinian territories:
● “Assembly” is banned. This means the gathering of ten or more people in a place discussing a political subject.
● Public opinion must not be influenced in a manner which may harm public peace.
● Committing an act which creates disturbance to the security of the area is forbidden.[17]
● Both Israelis and Palestinians need building permits to build new building or additions to their existing structures. The government of Israel issues almost all of these requested permits to Israelis. In contrast, Palestinians are rarely issued permits. If the Palestinians build without a permit, the government of Israel tears the structure down. [16]
● One of the most significant differences is citizenship. “The Law of Return” allows any Jew worldwide an opportunity to obtain citizenship. Conversely, the government of Israel does not allow Palestinian refugees who actually once lived in what is now called Israel to return and become citizens. [18]
Restricted Movement During the Occupation
● There are roads for everyone. There are also roads that restrict Palestinian access either partially or entirely in the Occupied West Bank. [19]
● According to the U.N., in 2018, Palestinians navigated through approximately 565 road obstructions scattered throughout the Occupied West Bank. These obstructions include full-time and part-time checkpoints, road barriers, roadblocks, etc. [20]
Expropriation of Land During the Occupation
● Much of the Palestinian land is taken little-by-little. Generally, the government of Israel first confiscates the land and turns it into “state-owned” land. Later, they create Israeli settlements. [16]
● Absentees’ Property Law is one specific way the government of Israel confiscates property. If a Palestinian refugee no longer lives in the West Bank; the government of Israel confiscates the land, the homes, and the businesses and then gives them to Israeli Jewish Settlers. [21]
● Around 700,000 Israelis live in what are considered illegal settlements under international law. These are scattered throughout the Occupied West Bank [22] and continue to increase.
Divided Population During the Occupation
● The settlements surrounding the Palestinian areas make the Occupied West Bank look like Swiss Cheese. The 165 disconnected Palestinian enclaves [23] represent the holes in the cheese. This scattering further restricts Palestinian movement, making it extremely difficult to live and work. It also hinders the creation of a contiguous Palestinian State.
● A large security wall cuts nearly 10% into the Occupied West Bank, separating 11,000 Palestinians from the rest of the Palestinian population and dividing the majority of Occupied West Bank from Israel. [24]
Other Areas of Domination
● The government of Israel controls the borders, trade, resources, air space, electricity, and population registry. [16]
● The Israeli Defense Forces (IDF) protects the Israeli settlers. No one protects the Palestinians from the constant harassment from the IDF and the settlers. In 2023, the settlers and the IDF killed 507 Palestinians. [25] The settler’s crimes against the Palestinians go largely without prosecution and with low conviction rates.
● One example of settler violence happened in 1994. A doctor living in Hebron shot and killed 29 Palestinians in a mosque before being killed by other Muslim worshipers. The IDF then killed at least 25 more Palestinian civilians in the riots that followed. [26]
Gaza Blockade
● Before the current Israel – Hamas War, Israelis no longer lived in the Gaza Strip. After decades of the government of Israel’s occupation, the government of Israel physically withdrew approximately 8,000 settlers, along with the military personnel from the Gaza Strip. [27]
● However, the government of Israel still controls all but one of the entrances to the Gaza Strip, the air space, the maritime space, and the population registry. They inspect shipments headed for Gaza. The Palestinians depend on Israel for water and other utilities. The government of Israel generally does not allow Palestinians in or out of the Gaza Strip. [28] For years, many people have referred to the Gaza Strip as the world’s largest open-air prison.
● The government of Israel authorized a raid on a group of six Turkish civilian ships in international waters carrying humanitarian aid for the Gaza Strip in 2010. The Israeli commandos raided a vessel and killed 9 people. [29]
Palestinian Resistance and Attacks
● Palestinian resistance and attacks take the following forms: peaceful protests, rock throwing, and terrorist attacks ranging from suicide bombings to shooting unguided rockets.
● In 2018, Israeli soldiers shot and killed 55 and injured over 2,700 Palestinians who were protesting the U.S. embassy being moved to Jerusalem. [30]
● In 2019, Israeli soldiers shot and killed 183 Palestinians who were protesting “The Great March of Return.” Thirty-five of those killed were children, three were paramedics, and two were press. [31]
● The first Intifada (intifada translates to rebellion) occurred between 1987-1993 and included the formation of Hamas. [32]
● A second intifada occurred during 2000-2005 after a failed peace process. [33]
● Hamas shot unguided rockets from the Gaza Strip into Israel on a number of occasions. Israel now defends itself from these attacks using the Iron Dome which intercepts the rockets at a success rate of 90%. [34]
● On October 7th, Hamas’s multifaceted attack killed approximately 1,200 men, women, and children, and they captured around 250 hostages.
Is It Apartheid?
According to the International Convention on the Suppression and Punishment of the Crime of Apartheid, “… the crime of apartheid … shall apply to the following inhuman 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.” [35] Some of these inhuman acts are paraphrased below:
● Arbitrary arrest and illegal imprisonment of the members of a racial group
● Denying people the right to leave and to return to their own country
● Denying people the right to freedom of expression, movement and residence
● Denying the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association
● The expropriation of land belonging to a racial group
● Any measures designed to divide the population along racial lines by creating ghettos
Do you recognize these inhumane acts in the earlier paragraphs? Here is a short list of people and organizations that claim the government of Israel is committing apartheid in those territories:
● Various organizations including Human Rights Watch [36], Amnesty International [37], and even an Israeli Human Rights organization [38] claim it is apartheid.
● President Jimmy Carter wrote the book, “Palestine: Peace Not Apartheid”. He claims the apartheid behavior toward the Palestinians occurs in the occupied territories but not inside the borders of Israel. [39]
● Finally, around 25% of U.S. Jews, according to a 2021 survey in The Jewish Telegraph Agency, think the government of Israel is committing apartheid. [40] Please note that this survey was done prior to the Israel – Hamas War.
Opinion and Analysis – The Occupation
Even if one believes that the Jewish people have a historical right or a religious right to Palestine, the Palestinians are still under military occupation by definition.
Settlement-by-settlement, the government of Israel slowly and systematically takes the land away from the Palestinians. All the Palestinians can do is helplessly watch it happen from their shrinking enclaves. Their resistance is met with harsh repercussions.
Terrorism involves killing civilians which cannot be supported, regardless of the side of the conflict. Thus, we must condemn the Hamas attack on October 7th. Similarly, we must also condemn the Pre-Israeli terrorist attacks prior to the creation of the state of Israel, such as the ones in Deir Yassin or the King David Hotel.
How can Palestinians defend themselves from decades of military occupation and a blockade? Can the government of Israel realistically expect peace during a military occupation?
Do you think the Israeli government is acting as an apartheid regime inside the occupied Palestinian territories? If you don’t want to label it as “apartheid”, is this behavior toward any human being acceptable to you? Are you comfortable knowing that your tax dollars are paying for weapons and ammunition to enforce this occupation?
To be clear, not all of the citizens of Israel agree with the government of Israel’s actions. Some Jewish organizations attend the “Free Palestine” protests. Jewish students participated in the campus protests at Columbia and others. Recently, there was an anti-war demonstration in Tel Aviv. This isn’t an issue with the Jewish people, this is an issue with the government of Israel.
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References – The Occupation
14) Genva Conventions of 1949. Regulations: Art 42 ICRC.org
15) Smith, Charles (2021) Palestine and the Arab-Israeli Conflict (10th Edition), Bedford/St. Martin’s, p289
Basic Rights During the Occupation
16) Is Israel Guilty of Apartheid Against Palestinians? AJ+
17) Chakraborty, Ranjani. Why Israel Has So Many Palestinian Prisoners? Vox
18) Law of Return jewishvirtuallibrary.org
Restricted Movement During the Occupation
19) Forbidden Roads: The Discriminatory West Bank Road Regime. Btselem.org
20) Over 700 Road Obstacles Control Palestinian Movement within the West Bank. United Nations Office for the Humanitarian Affairs ochaopt.rog
Expropriation of Land During the Occupation
21) Absentees Property Law UN.org
22) Lawati, Abbas (Feb 2, 2024) Who are Israeli Settlers and Why are They So Controversial? CNN.com
Divided Population During the Occupation
23) Land Consolidation and the One State Reality. Middle East Political Science. pormaps.org
24) Balilty, Oded (June 27, 2022) Israel’s Separation Barrier, 20 Years on, apnews.com
Other Areas of Domination
25) (February 4, 2024) Shocking Spike in Use of Unlawful Lethal Force by Israeli Forces Against Palestinians in the Occupied West Bank. amnesty.org
26) Smith, Charles (2021) Palestine and the Arab-Israeli Conflict (10th Edition), Bedford/St. Martin’s, p438
Gaza Blockade
27) Urquhart, Conal (July 5, 2005) Israel to Deploy Huge Force During Gaza Evacuation. The Guardian.com
28) Humanitarian situation in the Gaza Strip Fast facts – OCHA factsheet. un.org/unispal
29) (June 4, 2010) Turkey Mourns Dead Gaza Activists. BBC.com
Palestinian Resistance and Attacks
30) Plachta, Ari. Bacon, John (May 14, 2018) Scores killed as violence greets dedication of U.S. Embassy in Israel. usatoday.com
31) (February 28, 2019) Gaza protest deaths: Israel may have committed war crimes – UN. bbc.com
32) Scott-Baumann, Michael (2021) The Shortest History of Israel and Palestine, The Experiment, LLC pp142-149
33) Scott-Baumann, Michael (2021) The Shortest History of Israel and Palestine, The Experiment, LLC pp181-192
34) Ackerman, Gwen (October 8, 2023) What is Israel’s Iron Dome Anti-Rocket System? bloomberg.com
Is it Apartheid?
35) International Convention on the Suppression and Punishment of the Crime of Apartheid. Un.org
36) (April 27, 2021) A Threshold Crossed. hrw.org
37) (February 1, 2022) Israel’s Apartheid Against Palestinians amnesty.org
38) Gessen, Masha (January 27, 2021) Why an Israeli Human-Rights Organization Decided to Call Israel an Apartheid newyorker.com
39) Carter, Jimmy (2006) Peace: Not Apartheid.
40) Kampeas, Ron (July 13, 2021) Survey: A Quarter of US Jews Agree That Israel ‘Is an Apartheid State’ jta.org