Apartheid, International Law, and the Occupied Palestinian Territory
(2013) 24:3 European Journal of International Law 867-913
47 Pages Posted: 3 Oct 2013 Last revised: 21 Oct 2013
Date Written: September 29, 2013
Abstract
Apartheid is a loaded term; saturated with history and emotion. It conjures up images and memories of discrimination, oppression, and brutality; indulgence, privilege, and pretension; racism, resistance, and, ultimately, emancipation. All of which come to us through the history of apartheid in South Africa. Although prohibited and criminalised by international law in response to the situation in southern Africa, the concept of apartheid was never given enormous attention by international lawyers. Following an awakening of interest in the international legal prohibition of apartheid as a potentially appropriate lens through which to view the situation of the Palestinians, this article examines the merits of such a claim in the context of Israeli law and practice in the occupied Palestinian territory.
Keywords: international law, apartheid, Israel, Palestine, occupied Palestinian territory, segregation, racial discrimination, colonialism, occupation, West Bank, Gaza Strip
JEL Classification: K33
Suggested Citation: Suggested Citation