Report: Practices and Policies of Racial Discrimination by the Occupying Power in the Occupied Palestinian Territories

06 JUL
9:28 PM


Over time, and increasingly, the term “apartheid” has been used to describe the situation in the occupied Palestinian territories (oPt).

It is hardly surprising that use of the term brings with it a highly charged debate and strong sentiments, given the not so distant and dark history in southern Africa.

This legal brief aims to provide a deeper understanding of the normative legal framework regulating and qualifying the debate on racial discrimination, and its relation to apartheid. It does not intend to fully appraise the copious volume of writing that has been produced on the topic thus far but, rather, to examine the relevant issues from the perspective of international law and its applicability in the oPt.

More specifically, this brief will examine the rules prohibiting discrimination under both international humanitarian law (IHL) and international human rights law (IHRL), as well as the rules pertaining to racial discrimination, and its relation to apartheid.

First, this includes the applicability of IHL and IHRL to the oPt.

Second, it analyzes the general prohibition against discrimination under both IHL and IHRL.

Third, this brief examines the specific prohibitions against racial discrimination, as well as its relationship to apartheid.

Fourth, it assesses the causal relationship between the settlement enterprise and the Occupying Power (OP) practices and policies of racial discrimination in the oPt.

Fifth, it looks at third State obligations under international law. Finally, it concludes with a series of policy recommendations to third States.



Click here to access the full report by Diakonia.

(Source / 06.07.2016)

Tags: #ICC4Israel

Video of the Week New Clashes Erupt Between Israeli Security Forces, Muslim Worshippers

Temple Mount temporarily closed to Jewish visitors after clashes with police

The Temple Mount was temporarily closed to Jewish visitors on Wednesday at the order of Jerusalem District Commander Yoram Halevy after Jews broke visitation rules at the holy site, police said. The Jewish visitors were expelled from the compound for bringing sacred books to the Mount and trying to pray there. After one of the individuals was cautioned, another took out a holy book, and the group was expelled. Meanwhile, renewed clashes erupted between protesters and Israeli security forces near the Lion's Gate in the Old City, where police used stun grenades against the demonstrators. A regular dynamic has developed involving clashes between Palestinians and Israel Police over the past several days near the Lion's Gate. Dozens of Palestinians are present at the site on a regular basis, urging devotion to the Al-Aqsa Mosque on the Temple Mount and condemning Israel. During Muslim prayer times, particularly the midday and nighttime prayers, hundreds and sometimes even thousands have been gathering there.

There have been outbreaks of violence during these periods, including stone-throwing or physical confrontations with the police. In most of these incidents, the police have been using stun grenades and sponge-tipped bullets to disperse the crowds. In a number of cases, journalists in the area have also suffered violence at the hands of the police. On Tuesday, Hassan Shaalan, a reporter for the Ynet news website, was struck by a policeman even after he identified himself as a member of the press. A group of Jerusalem-based journalists released a statement of condemnation over the incident and called on the police to permit reporters to do their jobs. The Jerusalem Police responded: "This involved an incident that took place in the course of violent disturbances of the peace that occurred in Jerusalem while the police were acting to remove the demonstrators from the street after some of them refused to vacate. The forces working on the scene are under constant threat to their lives.

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