RAMALLAH, November 1 (JMCC) - Judge Richard Goldstone, author of a United Nations report alleging war crimes in Israel's 2008 war on Gaza, has once again published
an opinion piece rejecting charges that Israel is breaking international law.
In April, the jurist seemed to recant parts of the UN report in
an opinion piece in the
Washington Post.
On Monday, his focus in a
New York Times op-ed was on a conference being held in South Africa and charges that Israel is practicing apartheid against Palestinians, a crime in international law. The legal expert called the claim a canard, citing his own experience of South Africa's now-abolished system of racial discrimination. He said the Russel Tribunal on Palestine, which meets on Saturday this week, lacks credibility.
In Israel, there is no apartheid. Nothing there comes close to the definition of apartheid under the 1998 Rome Statute: “Inhumane acts ... 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.” Israeli Arabs — 20 percent of Israel’s population — vote, have political parties and representatives in the Knesset and occupy positions of acclaim, including on its Supreme Court. Arab patients lie alongside Jewish patients in Israeli hospitals, receiving identical treatment.
To be sure, there is more de facto separation between Jewish and Arab populations than Israelis should accept. Much of it is chosen by the communities themselves. Some results from discrimination. But it is not apartheid, which consciously enshrines separation as an ideal. In Israel, equal rights are the law, the aspiration and the ideal; inequities are often successfully challenged in court.
The situation in the West Bank is more complex. But here too there is no intent to maintain “an institutionalized regime of systematic oppression and domination by one racial group.” This is a critical distinction, even if Israel acts oppressively toward Palestinians there. South Africa’s enforced racial separation was intended to permanently benefit the white minority, to the detriment of other races. By contrast, Israel has agreed in concept to the existence of a Palestinian state in Gaza and almost all of the West Bank, and is calling for the Palestinians to negotiate the parameters.
But until there is a two-state peace, or at least as long as Israel’s citizens remain under threat of attacks from the West Bank and Gaza, Israel will see roadblocks and similar measures as necessary for self-defense, even as Palestinians feel oppressed. As things stand, attacks from one side are met by counterattacks from the other. And the deep disputes, claims and counterclaims are only hardened when the offensive analogy of “apartheid” is invoked.