By Chris McGreal
In 2006, Jimmy Carter published his bestselling book,
Palestine: Peace Not Apartheid, to wide acclaim and a vicious campaign to discredit the former US president.
Most of the criticism did not challenge Carter’s assessment that
Israel’s actions in the occupied territories amounted to colonization
and domination of the Palestinians, or his conclusion that it amounted
to a system of South African-style apartheid. Instead, the former
president’s critics put their efforts into questioning his motives in
writing the book. The critics moved directly to smear the 39th American
president as an anti-Semite.
The Anti-Defamation League called Carter a “bigot”. Pro-Israel pressure groups placed ads in
The New York Times
accusing him of facilitating those who “pursue Israel’s annihilation”.
Others claimed he was “blinded by an anti-Israel animus”. Universities
declined to let him speak and senior Democrats disavowed their former
president’s views.
Never mind that it was Carter who brokered the peace treaty between
Egypt and Israel, a factor in the Nobel committee awarding him the 2002
peace prize. Or that Israeli politicians, including former cabinet
ministers, said his assessment reflected what many Israelis thought.
Carter’s crime was, as he himself recognized, to speak out on a subject
about which open discussion had long been circumscribed in the US. “The
many controversial issues concerning Palestine and the path to peace for
Israel are intensely debated among Israelis and throughout other
nations—but not in the United States,” Carter wrote in the Los Angeles
Times, as the orchestrated backlash against him gained momentum.
“For the last 30 years, I have witnessed and experienced the severe
restraints on any free and balanced discussion of the facts. This
reluctance to criticize any policies of the Israeli government is
because of the extraordinary lobbying efforts of the American-Israel
Political Action Committee and the absence of any significant contrary
voices. It would be almost politically suicidal for members of Congress
to espouse a balanced position between Israel and Palestine, to suggest
that Israel comply with international law or to speak in defense of
justice or human rights for Palestinians.”
Of all the issues, none was more sensitive and off-limits than
suggesting Israel practiced a form of apartheid, with its implications
of racism and associations to the extensive and intricate web of
oppression created by white South Africa to subjugate the black
majority. Many of Carter’s critics preferred to see Israel’s Jewish
population as the victim of Arab aggression, not the oppressor of
Palestinians, and to gloss over the role of occupation and Jewish
settlements.
As if to prove Carter’s point, Nancy Pelosi, who was about to become
speaker of the House of Representatives when his book was published,
pointedly distanced the Democratic Party from the former president’s
views. A New York Times article about the reaction to the book quoted
Jewish and pro-Israel organizations attacking Carter’s motives, but did
not include a single view from a Palestinian.
Fifteen
years later, in the spring of 2021, Human Rights Watch (HRW) released a
lengthy report accusing Israel of committing the crime of apartheid
under two international conventions. The New York-based group’s detailed
assessment,
A Threshold Crossed, Israeli Authorities and the Crimes of Apartheid and Persecution,
did not say much that wasn’t already known about longstanding Israeli
policies to maintain “Jewish control” over the West Bank and East
Jerusalem, and the three million Palestinians who live there.
“In pursuit of this goal, authorities have dispossessed, confined,
forcibly separated, and subjugated Palestinians by virtue of their
identity to varying degrees of intensity,” HRW said. “In certain areas,
as described in this report, these deprivations are so severe that they
amount to the crimes against humanity of apartheid and persecution.”
Palestinian rights groups, such as Al-Haq, have documented the same
history of forced removals, house demolitions, land expropriations, and
institutionalized discrimination for years. Israeli organizations have
echoed those assessments of the impact of Jewish settlements and the
separation barrier on Palestinians and their prospects for a viable
independence.
Indeed, months before HRW published its report, Israel’s most prominent
human rights group, B’Tselem, delivered its own indictment with a title
that pulled no punches:
A Regime of Jewish Supremacy from the Jordan River to the Mediterranean Sea: This Is Apartheid.
In 2020, Yesh Din was the first major Israeli human rights organization
to break the taboo and bluntly call the occupation by its name. “The
conclusion of this legal opinion is that the crime against humanity of
apartheid is being committed in the West Bank. The perpetrators are
Israelis, and the victims are Palestinians,” the group said in a report.
In February 2022, Amnesty International added its voice with a report
that said apartheid extended beyond the occupied Palestinian territories
and to Israel itself. The report,
Israel’s Apartheid against Palestinians: Cruel System of Domination and Crime against Humanity,
said “whether they live in Gaza, East Jerusalem and the rest of the
West Bank, or Israel itself, Palestinians are treated as an inferior
racial group and systematically deprived of their rights”.
But the HRW report nonetheless marked a milestone: after years of
sidestepping, the US’s foremost human rights group had pinned the
apartheid label to Israel’s actions. HRW said the decision was prompted,
as the title of its report reflects, by a definitive change in the
relationship between Israel and the occupied territories.
Omar Shakir, HRW’s Israel and Palestine director and author of the
report, said Israel’s longest serving prime minister, Benjamin
Netanyahu, stripped away any lingering illusions that the occupation is a
temporary measure on the path to a Palestinian state.
“What has changed? The pace of building settlements and infrastructure
connecting Israel proper to the settlements—I’m talking about roads,
water networks, electricity—has rapidly increased,” he said. “In
addition, the Israeli government has stopped playing the game of
pretense. Netanyahu directly said in 2018, 2019, and 2020, that we in-
tend to rule the West Bank in perpetuity, that Palestinians will remain
our subjects. So the fig leaf for peace process was erased. Then in
2018, the Israeli government passed the nation-state law, which
enshrined as a constitutional value that certain key rights are only
reserved to Jewish people, that Israel was a state of the Jewish people,
and not all the people that live there.”
But
the path to HRW pinning the apartheid label to the occupation was not
just a matter of identifying a shift in Israeli policies and actions.
For years, pro-Israel pressure groups disparaged parallels between
Israel and the white South African regime, which they argued were
extreme and proceeded to discredit those who drew them.
In the US there was also a political cost. John Kerry, the then US
secretary of state, was forced to apologize after he dared to warn in
2014 that Israel risked becoming an apartheid state if it didn’t end the
occupation. Still, the apology was given in a manner which said that he
regretted the political backlash not the thought. It was a view
reportedly shared by President Barack Obama, who alluded to parallels
between the Palestinian situation and the civil rights struggle in the
US southern states.
Sarah Leah Whitson, the former director of HRW’s Middle East division
who worked on the report, told me she spent years pushing for the group
to describe Israeli actions as apartheid.
“Did it take over a decade to get there? Yeah, it did. Did it take much
internal debate, to put it politely, and a great deal of hand wringing
over how this would impact the organization not just in terms of
funding, but in terms of our credibility and capacity to work on other
countries? Were we going to be dismissed? Were we going to lose our
standing? Were the Israel fanatics going to attack the organization so
harshly that we would lose our footing? Those are legitimate
considerations for any organization that works on 100 countries. Do you
risk it all for Israel-Palestine? That was a genuinely held fear.” When
the report was released, the worst of those fears were not realized.
That in itself marked another milestone. There was a backlash against
HRW from some of the usual quarters, including the Israeli government.
“The mendacious apartheid slur is indicative of an organization that has
been plagued for years by systemic anti-Israel bias,” Mark Regev, a
senior adviser to Israel’s then prime minister Benjamin Netanyahu, told
The New York Times.
Those accusations were echoed by some pro-Israel groups. The Conference
of Presidents of Major American Jewish Organizations called the report
“disgraceful” and said it was intended to “demonize, delegitimize and
apply double standards to the State of Israel”—a formulation used by the
former Israeli government minister Natan Sharansky to identify
anti-Semitism.
The American Jewish Committee said the allegations of apartheid were
“outrageous” and a “hatchet job” as part of HRW’s longstanding
“anti-Israel campaign”. B’nai B’rith International, another pro-Israel
group, fell back on a predictable line that Israel’s critics were
“singling out” the Jewish state for criticism—a charge that implies
anti-Semitic motives but holds little water when HRW is critical of
governments on every continent.
But even beyond those whose business it is to defend Israel no matter
what, there was less pushback than might have been expected. Relatively
few Republican members of Congress joined the public condemnation of
Human Rights Watch. The US State Department was restrained, simply
saying that it “is not the view of this administration that Israel’s
actions constitute apartheid” but without attempting to deny the facts
laid out by HRW or discredit the group.
“It surprised all of us,” said Sari Bashi, an Israeli lawyer who worked
on the report. “We thought there would be a much stronger reaction
against it. I wouldn’t say that the conversation has shifted, I would
say it’s shifting.”
The Palestinian political analyst Yousef Munayyer, former director of
the US Campaign for Palestinian Rights, thought the reaction to the
report more revealing than the report itself. “The fact that it didn’t
have the same kind of pushback is a marker of the change that’s taking
place,” he said.
That
change is multifaceted and has been in the making for years. In part
it’s a generational shift in perspective driven by a growing recognition
that Israeli governments, particularly Net- anyahu’s, have used the—at
best moribund—peace process as half-hearted and increasingly laughable
cover for colonization of the West Bank.
Criticism of Israel has also accelerated recently, in the US in
particular, in the wake of the social earthquake caused by the police
murder of George Floyd in 2020, the subsequent surge in support for
Black Lives Matter and a wider embrace of civil rights issues. With that
has come a broader perception of the Palestinian cause as a struggle
for social justice against an oppressive power and away from framing of
the conflict as competing claims for the same territory.
That shift can also be seen within the US Jewish community, as some
Jewish Americans, who once stayed silent for fear of being seen as
disloyal to Israel, are increasingly willing to voice their concerns.
Apologists for Israeli government policies have long sought to portray
parallels with apartheid as marginal and extreme and therefore unworthy
of consideration and debate. But those comparisons have been drawn since
the early years of the Jewish state’s foundation. As one of the
architects of apartheid, South Africa’s prime minister, Hendrik
Verwoerd, put it bluntly in 1961: “The Jews took Is from the Arabs after
the Arabs had lived there for a thousand years. Israel, like South
Africa, is an apartheid state.”
In 1976, Yitzhak Rabin, then in his first term as prime minister, warned
against extended occupation and the fledgling Jewish settler movement
dragging Israel into annexing the West Bank. “I don’t think it’s
possible to contain over the long term, if we don’t want to get to
apartheid, a million and a half (West Bank) Arabs inside a Jewish
state,” he told an Israeli television journalist.
More than three decades later, two of Rabin’s successors as prime
minister, Ehud Barak and Ehud Olmert, echoed his warning. “As long as in
this territory west of the Jordan river there is only one political
entity called Israel it is going to be either non-Jewish or
non-democratic,” Barak said in 2010. “If this bloc of millions of
Palestinians cannot vote, that will be an apartheid state.”
Three years earlier, after yet another round of failed peace talks in
the US, Olmert cautioned that continued Israeli control of Palestinian
territory would reshape the campaign for Palestinian rights. “If the day
comes when the two-state solution collapses, and we face a South
African-style struggle for equal voting rights, then, as soon as that
happens, the state of Israel is finished,” he said.
Shulamit Aloni, only the second woman to serve as an Israeli cabinet
minister after Golda Meir and leader of the opposition in the Israeli
parliament in the late 1980s, once told me about meeting the South
African prime minister, John Vorster, on his visit to Jerusalem in 1976.
“Vorster was on a tour in the West Bank and he said that Israel does
apartheid much better than he does with apartheid in South Africa. I
heard him say it,” she said. In 2007, The Link republished an article
Aloni wrote for Israel’s biggest selling newspaper Yediot Ahronot in
which she defended Carter. “The US Jewish establishment’s onslaught on
former President Jimmy Carter is based on him daring to tell the truth
which is known to all: through its army, the government of Israel
practices a brutal form of Apartheid in the territory it occupies,” she
wrote.
A string of Israeli officials has agreed. Two decades ago, former
attorney general Michael Ben-Yair wrote that Israel “established an
apartheid regime in the occupied territories immediately following their
capture” in 1967. Ami Ayalon, the former head of Israel’s Shin Bet
intelligence service, has said his country already has ‘apartheid
characteristics’.
Israel’s former ambassador to South Africa, Alon Liel, told me 15 years
ago that his government practiced apartheid in the occupied territories
and that the suffering of the Palestinians is as great as that of black
South Africans under white rule. AB Yehoshua, one of Israel’s greatest
living writers, joined the fray in 2020: “The cancer today is apartheid
in the West Bank,” he told a conference. “This apartheid is digging more
and more deeply into Israeli society and impacting Israel’s humanity.”
Some South Africans saw it too. The former archbishop of Cape Town,
Desmond Tutu, who died in December, went further and said that Israeli
violence against Palestinians—routine and largely invisible to the
outside world, except when it flares to a full-on assault against Gaza
over Hamas rocket barrages or suicide bombings—is worse than anything
the black community suffered at the hands of the apartheid military. “I
know firsthand that Israel has created an apartheid reality within its
borders and through its occupation. The parallels to my own beloved
South Africa are painfully stark indeed,” he said.
For all that, very little of this conversation was heard in the US for
many years. Whatever backing there was in Washington for the old South
Africa, few were prepared to defend it as more than a bulwark against
communism. Its white Afrikaner rulers could only dream about the kind of
bedrock support shown for Israel on Capitol Hill and at the White
House, and the influence of lobbyists for the Jewish state.
As Carter noted, powerful pro-Israel organizations, led by the lobby
group AIPAC, for many years confined political debate about Israel and
used their influence to create largely unquestioning support for the
Jewish state in Congress—to the point that the US delivers $3.8 billion a
year in aid to Israel, with almost no scrutiny or conditions.
Mostly absent from this discussion were the Palestinians themselves who
have long characterized the occupation as a form of apartheid and
described it as a continuation of Israel’s expulsion and displacement of
about 700,000 Palestinians from their homes in 1948, known as the
Nakba.
One measure of apartheid is that the people whose fate is being decided
are marginalized from the debate and only permitted to speak within
parameters decided by others. In the US, discussion of Israel’s actions
is frequently led by those who claim a close connection to the country
because they are Jewish but often are not Israeli citizens, do not live
there and frequently know far less about the situation than they claim.
Some have a Disneyfied view of Israel rooted in its foundation myths.
One who does not is the American former editor of the solidly pro-Israel
The New Republic,
Peter Beinart, who used to be influential as a liberal Zionist and
staunch defender of Israel who now favors a single country with equal
rights for Israelis and Palestinian. Beinart has written that until
recently “the mainstream American conversation about
Israel-Palestine—the one you watch on cable television and read on the
opinion pages—has been a conversation among political Zionists”, a
conversation that excludes Palestinians.
Professor Maha Nasser of the University of Arizona found that of nearly 2,500 opinion articles about Palestinians in
The New York Times over the past 50 years, less than two percent were written by Palestinians.
The Washington Post
was even worse. Nasser said that pretty much the only Palestinian with a
voice in the US media was the late Edward Said, a professor at Columbia
University. For all that, she noted that while Said’s criticisms of the
Oslo accords appeared in newspapers around the world,
The New York Times did not run a single column by him on that particular issue.
Israeli leaders could generally expect an easy ride from the US press. When Netanyahu appeared on CBS’s
Face the Nation
during the 2014 Gaza war, the program’s host, Bob Schieffer, led him
through one sympathetic question after another before describing the
Israeli prime minister’s justifications for the attack as “very
understandable”. When Schieffer finally asked Netanyahu about the deaths
of hundreds of Palestinian civilians, it was only to wonder if they
presented a public relations problem in “the battle for world opinion”
Schieffer wrapped up by quoting prime minster Golda Meir’s line that
Israelis can never forgive Arabs “for forcing us to kill their
children”.
The belated but growing acceptance of the legitimacy of describing
Israeli policies as a form of apartheid has come about in large part
because a growing body of Zionists in the US and Israel, and human
rights groups in both countries, have publicly embraced the description.
But credible Palestinian human rights organizations have been making
the comparison for years, and have largely been ignored or dismissed as
partisan.
“It’s less about what they said and more about who was saying it,” said
Munayyer, the former director of the US Campaign for Palestinian Rights.
“Palestinians have been screaming this at the top of their lungs but
that’s part of what apartheid is - the voices of those who are
marginalized by the system are automatically discounted because the
system exists. It’s frustrating to have to deal with that but it’s
unfortunately part of the reality we find ourselves in.”
The grip of the Israel lobby and a circumspect press has been eroded by
the rise of alternative sources of information in the US. Greater access
to foreign television news stations, such as the BBC and Al Jazeera,
alongside the rest of alternative news and social media sites have
exposed Israeli actions to a much wider audience.
Access to scrutiny of Israel’s increasing belligerence and right-wing
rhetoric alongside video of the bombing of apartment blocks in Gaza, the
forced removal of Palestinian families from their homes in Jerusalem,
and Jewish settler violence against Arabs, has played an important part
in reshaping views of Israel.
“People can see for themselves what’s happening in a way they didn’t
before,” said Whitson. “It’s made it harder, particularly in the United
States, for the emotional defenders of Israel, who’ve had this mythology
about Israel and the kibbutz and sowing the land and this sort of
fantasy of what Israel’s like, confronted with the reality of what they
see in front of their faces, and what everyone sees in front of their
faces.”
Along with that has come a significant shift in conversation in the US -
most recently driven by the impact of Black Lives Matter but also
shaped by evolving views of the Israeli-Palestinian conflict in
universities.
During the Palestinian uprising of the early 2000s, the second intifada,
I asked a senior Israeli foreign ministry official what he saw as the
greatest challenge in maintaining the support of friendly foreign
governments. Gideon Meir had been part of the team that negotiated
Israel’s peace treaty with Egypt in 1979, served in the embassy in
London where he became friendly with a young Tony Blair before he was
prime minister, and in later years went on to become ambassador to
Italy. But his concern was not about the views of Israel’s Arab and
European allies.
Meir said there was only one country Israel could rely on and that was
the US. He thought that Washington’s support for the Jewish state would
remain solid enough among an older generation of Americans and therefore
the political class for a few years, but he worried about the long term
consequences of rising criticism of Israel in the universities.
Meir saw that the narrative was shifting among American students away
from the framing favored by pro-Israel lobby groups of the only
democracy in the Middle East fighting for its existence against Arab
hate and suicide bombers. Increasingly, discussion about
Israel/Palestine on college campuses was cast in the language of civil
rights and liberation movements.
Israel Apartheid Week was launched in Toronto in 2005 and rapidly spread
to universities across North America and Europe. Its success at putting
Palestine on the student agenda is reflected in the push back against
the campaign, including attempts to ban it as anti-Semitic at some US
and UK universities.
The generation that so worried Meir is now in its 30s and opinion polls
show he was right to be concerned. Although twice as many Americans
sympathise with Israel than the Palestinians, the gap has narrowed
considerably in recent years. Polls show a majority of Democrats want
Washington to pressure Israel to take the creating of a Palestinian
state seriously.
That shift has in part been brought about by a change in how the
conflict is viewed. The terrible images of the aftermath of Palestinian
suicide bombings during the Second Intifada, which allowed then prime
minister Ariel Sharon to cast Israel as a victim of the same brand of
terrorism visited on the US on 9/11, are ancient history to most
Americans born after about 1990.
Instead
they were raised on the waves of Israeli destruction in Gaza when
rockets, bombs and shells wiped out entire families, levelled schools
and hospitals, and killed Palestinians in disproportionate numbers. The
2014 assault on Gaza, when Israel responded to Hamas rockets that killed
three Israeli teenagers with airstrikes and ground incursions that
killed more than 2,000 Palestinians, solidified the view of a
militarized state unleashing destruction against a largely defenseless
population.
As a result, Israel’s longstanding narrative of a small nation
perpetually on guard against the surrounding foes – an image that
remains powerful with an older generation that remembers the wars of
1967 and 1973 – is less effective by the year among Americans and
Europeans who have seen the Jewish state only in a position of power and
domination.
Similarly, Israel’s claim to be the only democracy in the Middle East,
by trumpeting that its Arab citizens have the right to vote, was
severely dented by the passing of the nation state law in 2018 which
enshrined Jewish supremacy over those same Arab citizens.
Three years later, some of the sting was taken out of criticism of the
HRW report by a backlash in Israeli Arab towns against attempts to
forcibly remove Palestinian families from East Jerusalem’s Sheikh Jarrah
neighborhood. Even as pro-Israel groups proclaimed that the Jewish
state respected equal rights for all of its citizens, Arab residents of
Lod, a Tel Aviv suburb, were taking to the streets to protest against
pervasive institutional discrimination. Videos of the protests swept
social media as the demonstrations spread to other cities amid stone
throwing and arson, and beatings of both Arabs and Jews.
“You had the events on the ground in May which just seemed to emphasise
the point of all of the reports because you saw what was going on in
Jerusalem, what was going on in Gaza, and also what was going on
throughout all of Israel,” said Munayyer. “Events on the ground really
validated the report.”
Very often, those events were seen through videos and reports produced
by Palestinians and distributed on social media, bypassing the
traditional gatekeepers in the US press. With them came commentary that
characterized the forced removals from Sheikh Jarrah and broader state
violence against Palestinians as a continuation of the expulsion of
Arabs at the birth of Israel in 1948 - a narrative that connects with
the increased focus on social justice.
The breaking of the taboo on comparisons with South Africa has helped
drive the Boycott, Divestment and Sanctions (BDS) campaign modelled on
the hugely successful global boycott campaign run by the Anti-Apartheid
Movement from the 1960s.
BDS was founded by Palestinian civil society groups in 2005, a year
after the International Court of Justice declared that the West Bank
wall and fence, which has the effect of confiscating Palestinian land,
is a breach of international law. The movement has grown significantly
on university campuses, and gained traction with some trade unions and
political parties.
The campaign has some way to go to match the success of the
Anti-Apartheid Movement as it became one of the great social causes of
its age. By the mid-1980s, one in four Britons said they were boycotting
South Africa. Mobilization against apartheid in US universities,
churches and through local coalitions was instrumental in forcing
businesses to pull out and, in a serious blow to the white regime,
foreign banks to withdraw financing for the country’s loans.
But
BDS is making a mark that worries Israel. The campaign has had some
visible successes, including the recent decision by the ice cream maker
Ben & Jerry to end sales in the settlements. It has pressured
investors into breaking ties with companies doing business with Israel’s
security establishment or in the settlements.
In echoes of the cultural boycott of South Africa, actors and
film-makers have refused to play in Israel. Some called for the
Eurovision Song Contest to be withdrawn from Tel Aviv in 2019, and the
New Zealand singer Lorde cancelled a concert in the city four years ago
after fans urged her to join the artistic boycott of Israel.
BDS is also pressuring soccer’s governing body, FIFA, to expel Israel,
so far without success. But Argentina cancelled a World Cup warm-up
match with Israel after the players voted to boycott the game. The
appearance of Palestinian flags at English Premier League matches
suggests there is support for such action.
Although Israel disparages BDS as a fringe campaign, it’s clearly
worried about its potential to build support, particularly among
Europeans. An effective boycott could cost Israel billions of dollars a
year. In 2015, the Washington-based Rand Corporation estimated that a
sustained BDS campaign could reduce the Israeli GDP by 2 percent.
But BDS faces far more effective resistance than the Anti-Apartheid
Movement ever did. Israel and its supporters have sought to head off the
boycott movement before it gains greater momentum with laws recently
promulgated in 32 out of 50 state legislatures to discourage and
explicitly penalize support for BDS.
At the same time as a younger generation of Americans is reframing the
conflict away from non-existent peace negotiations and toward civil
rights, views of Israel have been shifting within America’s Jewish
community. A survey of Jewish voters in the US last year (2021) found
that 25% agreed that “Israel is an apartheid state” while a similar
number disagreed with the statement but said it is not anti-Semitic to
make the claim. In the poll by the Jewish Electorate Institute, 34%
agreed that “Israel’s treatment of Palestinians is similar to racism in
the United States”.
A Pew survey in May found that a younger generation of American Jews
was less willing than its elders to make excuses for the Israeli
government and more prepared to back BDS.
In the spring of 2021, as Gaza once again came under assault, nearly 100
rabbinic and other religious students at leading American Jewish
colleges regarded as a crucible of future community leaders signed a
letter decrying a double standard over standing up to racial injustice.
“This year, American Jews have been part of a racial reckoning in our
community. Our institutions have been reflecting and asking, ‘How are we
complicit with racial violence?’ Jewish communities, large and small,
have had teach-ins and workshops, held vigils, and commissioned studies.
And yet, so many of those same institutions are silent when abuse of
power and racist violence erupts in Israel and Palestine,” the letter
said.
The students lamented a tendency to focus on the long history of
persecution of Jews while ignoring the realities of Israeli Jewish power
and the responsibilities that come with it.
“Our political advocacy too often puts forth a narrative of
victimization, but supports violent suppression of human rights and
enables apartheid in the Palestinian territories, and the threat of
annexation,” the letter said.
Shifting perspectives on Israel in the US are matched, and to some
degree influenced by, a greater willingness by some in the Jewish state
to face reality. Yesh Din was the first major Israeli human rights
organization to break the taboo when in 2020 it described the occupation
as apartheid and therefore a crime against humanity. “The crime is
committed because the Israeli occupation is no “ordinary” occupation
regime (or a regime of domination and oppression), but one that comes
with a gargantuan colonization project that has created a community of
citizens of the occupying power in the occupied territory. The crime is
committed because, in addition to colonizing the occupied territory, the
occupying power has also gone to great lengths to cement its domination
over the occupied residents and ensure their inferior status,” its
report said.
Yesh Din dismantled a core defense brandished by Israeli governments to
influence American public opinion in particular by claiming that the
occupation is not a permanent condition and will end when a deal on two
states is reached. The rights group said that claim falls apart in the
face of clear evidence that Israel’s policies in the West Bank are
designed to cement domination of the Palestinians and the supremacy of
Jewish settlers.
The author of the Yesh Din paper was the renowned Israeli human rights
lawyer, Michael Sfard. By his own account, he spent years rejecting
parallels with apartheid. But in 2021 Sfard wrote in The Guardian that
he changed his mind in large part because his understanding of the
relationship between Israel and the occupied territories shifted.
Sfard said that like many Israelis he bought into the idea of two
entities. There was Israel, the imperfect democracy that discriminated
against its Arab minority but then minorities in many democratic
countries face discrimination. And then there was the occupation of
Palestinian land which Sfard, in common with most of his compatriots,
excused as a temporary condition. In the end though, the intent of
“Israel’s colossal colonization project in the West Bank” had become
undeniable: “It is occupation, obviously, but not only occupation.” He
said he came to realize that the governing principle of the West Bank
was “Jewish supremacy and Palestinian subjugation”.
Few can say they were not forewarned about the direction of travel under
Netanyahu, who was prime minister for a total of 15 years. He opposed
the Oslo Accords even before they were signed in 1993 and spent the next
three decades subverting them, even if at times he paid lip service to
two states to keep the illusion alive and stave off American diplomatic
pressure.
Netanyahu did as much as any leading politician to create the climate in
which an assassin’s bullet killed the author of the Oslo deal, Yitzhak
Rabin, in 1995. Once he became prime minister for the first time less
than a year later, Netanyahu set about finishing off what the assassin
had started - the solidification of Jewish domination of the
Palestinians in the occupied territories and within Israel’s own
recognized borders.
Danny Danon, Israel’s recent ambassador to the UN and former chair of
Netanyahu’s Likud party, openly opposes a Palestinian state and once
told me that the then prime minister didn’t believe in it either. “I
want the majority of the land with the minimum amount of Palestinians,”
Danon told me in 2012.
Netanyahu threw his support behind the change to Israel’s basic law, in
effect its constitution, that defined the county as ‘the nation state of
one people only – the Jewish people – and of no other people’. His
powerful right-wing economy minister, Naftali Bennett, backed the
amendment by saying that Israel should have ‘zero tolerance’ for the
aspirations of the Arab population. “I will do everything in my power to
make sure [the Palestinians] never get a state,” he told
The New Yorker in 2013.
Bennett is now Israel’s prime minister. His ultranationalist finance
minister, Avigdor Lieberman, advocates stripping his country’s Arab
population of Israeli citizenship. Bennett’s close political ally and
interior minister, Ayelet Shaked, was an architect of the nation state
law and pushed for effective annexation of parts of the West Bank.
Netanyahu continued to pay lip service to a negotiated two-state
solution as a diplomatic fig leaf for US support for Israel. But the
reality was hard to ignore for Daniel Seidemann, an Israeli lawyer, who
has spent decades exposing the iniquities of Israeli rule in occupied
East Jerusalem most recently through an NGO he founded,
Terrestrial Jerusalem.
During the 2000s, whenever I asked him about parallels with apartheid,
Seidemann resisted them. Like a lot of Israelis, Seidemann told himself
the occupation came about through self-defense, and was temporary. It
would end when agreement was reached to create a Palestinian state.
Then in May 2020 Seidemann retweeted a photograph of a group of Israeli
officials sitting around a map discussing which parts of the West Bank
to annex. He wrote, “For many years I resisted using the term
“apartheid” in the context of occupation. I regret having to use it now,
but there is no choice but to do so.”
Seidemann told me that he long sidestepped the comparison because he
thought it was more frequently used for polemical attacks on Israel than
to illuminate the realities of the oppression of Palestinians. He still
has reservations. He remains convinced that the occupation is not
driven by attitudes of racial superiority even though he acknowledges
there is systematic racism.
“Having said that, and having bristled for a long period of time, I have
no alternative but to increasingly not only concede but to use the
apartheid paradigm in explaining what’s happening, particularly in the
West Bank and East Jerusalem,” he said.
“Part of what has changed is that the occupation isn’t temporary.
Occupation is being perpetuated. When occupation becomes permanent, and
you have one geographical place with laws for one and laws for another,
the comfort zone between that situation and apartheid narrows
dangerously. We now have a situation which not only exists but by
policy, by design, is being perpetuated; that within one geographical
space there are those with political rights and those without them. That
is not only disturbing, it raises the specter of apartheid.”
“There is no status quo because occupation requires increasingly
repressive and nationalistic measures in order to sustain itself. Israel
engages in policies which were unthinkable 10 years ago.”
Seidemann’s thinking on the part played by racism has also shifted.
Israeli cabinet ministers now openly talk of ethnic cleansing and use
racist terms in a way they were sensitive to two decades ago.
“Racism is becoming more of a factor in this conflict because so much of
occupation is associated with our equivalent of a Trumpian right. We
have our own version of white supremacy. I don’t think that informs
everything but it’s certainly part of it. All of these things add up to,
‘How can you avoid the analogy?’” said Seidemann.
Yossi Sarid is another among a number of former Israeli cabinet
ministers who have drawn the apartheid parallel. “What acts like
apartheid, is run like apartheid and harasses like apartheid, is not a
duck - it is apartheid,” the former education minister said in 2008. “It
is entirely clear why the word apartheid terrifies us so. What should
frighten us, however, is not the description of reality, but reality
itself.” Still, it is the use of the word that continues to terrify
Israeli officials, and for good reason.
Israel’s foreign minister, Yair Lapid, in assessing the diplomatic
challenges he faces in 2022, warned of the “real threat” that
international organizations, including the UN, will formally accuse it
of practicing apartheid “with potential for significant damage. We think
that in the coming year, there will be debate that is unprecedented in
its venom and in its radioactivity around the words ‘Israel is an
apartheid state,” he told a press briefing. “There is a real danger that
a UN body will say Israel is an apartheid regime.”
Israel is facing twin investigations by the UN Human Rights Council and
the Office of the UN High Commissioner for Human Rights. Lapid said he
expects one of them to call Israel an apartheid state when they issue
reports later this year. The Palestinians have also asked the
International Court of Justice in The Hague to rule that Israel
practices apartheid and that its policies are racist. Lapid warned that
the accusations of apartheid, and the diplomatic pressure they bring,
are only likely to strengthen in the absence of meaningful negotiations
to bring about a Palestinian state.
But Israel’s concern goes beyond the diplomatic and political. Human
Rights Watch astutely avoided making direct comparisons with South
Africa and instead framed its report around two international legal
definitions of the crime of apartheid. The 1973 apartheid convention
defines apartheid as a crime against humanity when it involves “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”
The
1998 Rome statute of the International Criminal Court defines apartheid
as 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.” HRW has noted that its report does not call
Israel an “apartheid state” because it does not have a meaning under
international law any more than the term “genocide state”. Instead the
group said individuals are responsible for committing the crime of
apartheid as part of state policy.
Last year (2021), the then ICC prosecutor, Fatou Bensouda, announced she
would proceed with an investigation of alleged war crimes in the
Palestinian territories since 2014. The opening of a full investigation
followed five years of preliminary examination by the prosecutor’s
office after which Bensouda said she was satisfied that “there was a
reasonable basis to believe that war crimes have been or are being
committed in the West Bank, including East Jerusalem, and the Gaza
Strip”.
The prosecutor’s office said it believed the Israeli military committed
war crimes in its 2014 assault on Gaza through “disproportionate
attacks” and “willful killing”. The office said it also found evidence
to justify investigating Hamas and other Palestinian armed groups for
war crimes including “intentionally directing attacks against
civilians”, using human shields, and killings and torture.
A second part to the investigation is, perhaps, far more threatening.
The ICC prosecutor’s office said there is evidence that the decades-long
settlement enterprise is a war crime in breach of the ban on
transferring civilian populations from the occupying power into the
occupied territories. Both the Geneva Conventions and the ICC’s own
statute ban the practice because, according to the International
Committee of the Red Cross, Germany used it during the Second World War
to “colonize” territories it occupied.
Accusations of crimes committed in the heat of battle can perhaps be
explained away as the result of urgent decision making, bad intelligence
and military necessity. But the move of nearly 400,000 Israeli citizens
into more than 120 Jewish settlements in the West Bank-- leaving aside
occupied East Jerusalem-- is a long-term project of successive
governments that has involved extensive planning and thousands of
officials. In addition, about 300,000 Israelis live in a dozen
settlements inside East Jerusalem. The settlement project required land
seizures, expropriation of resources such as water, and the forced
removal of Palestinians from their homes, installing 700,000 settlers on
occupied territory.
Although the ICC investigation will focus only on Israeli actions since
2014, the continued expansion and administration of the settlements
involves an array of government departments as well as the military.
Politicians setting policy, officials implementing it and members of the
army imposing military law on the Palestinians in support of the
settlers potentially face indictment. That could expose them to arrest
and trial at The Hague if they travel to Europe or other parts of the
world that are signatories to the ICC statute.
Israel would also face the challenge of having its entire settlement
enterprise declared a war crime which would strengthen the hand of those
arguing for international sanctions.
The ICC investigation alarms Israel’s leaders because the US cannot
simply wield a veto as it does at the UN Security Council. Still, the
probe hangs in the balance following the appointment of a new
prosecutor, the British lawyer Karim Khan. He has not commented on
whether he will proceed with it but Israel has taken heart from Khan’s
decision to “deprioritize” a probe into the actions of US forces in
Afghanistan.
The Israeli government has also sought to hinder investigation and
exposure of its policies by going after human rights groups. In 2019 it
expelled Omar Shakir, who had been based in Jerusalem for HRW, claiming
he supported BDS. In October 2021, Israel designated six Palestinian
civil society groups as terrorist organizations and banned them in a
move widely interpreted as an attempt to suppress criticism and cut off
foreign financial support. They included Al-Haq, one of the most
respected Palestinian human rights groups. Israel has repeatedly failed
to provide much promised evidence to back up its claim that the
organizations were linked to terrorism.
For all of the pressure on Israel, and the shifting attitudes in the US,
support for the Jewish state in Washington remains solid if not
unchallenged. After the ICC launched its probe, a group of US Senators
signed a letter urging the White House to try and block “politically
motivated investigations” of Israel. The Senators described the occupied
territories as “disputed”, said the ICC had no jurisdiction and claimed
that the court’s involvement “would further hinder the path to peace”.
Two-thirds of US Senators signed the letter including Kamala Harris, now
the US Vice President.
That consensus has held on issues such as moving the US embassy from Tel
Aviv to Jerusalem under President Donald Trump, and maintaining Israel
as the largest recipient of American aid and with no strings attached.
HRW’s Sarah Whitson said fractures are appearing in the Washington
consensus but there is little sign they will bring about a dramatic
shift in policy any time soon. “While the public narrative has shifted,
while it’s clear from multiple surveys that increasing numbers of
Americans see Israel as an apartheid state and don’t want the United
States to provide military support, and they see Israel as the primary
belligerent actor, there is such a massive disconnect between the shift
in the public, even the shift in the [foreign policy] ‘blob’, and US
government policies,” she said. “What’s been the most difficult,
therapy-inducing, thing for some of those people who committed their
lives to the Oslo process and a two-state solution is to come to terms
with the reality that that’s completely failed. And not only has it
failed, but that the apartheid has become more entrenched. But you have a
long standing feature where those policymakers closest to the situation
in many cases know how screwed up it is but will not shift their
policies and positions.”
Still, there was real damage done by Netanyahu who played a part in
fracturing the bipartisan consensus on Israel by breaking the
longstanding Israeli dictum of always keeping the White House onside. He
did not hide his hostility to Obama, treating him with a public
contempt that would have been unthinkable by an Israeli leader toward an
American president in years past. Netanyahu publicly aligned with the
Republican leadership in Congress in opposition to the US and European
deal with Iran to halt its nuclear weapons research, and after Obama
pressured the Israeli leader to take Palestinian aspirations seriously.
Then the Israeli leader openly sided with Trump.
Netanyahu’s embrace of Trump’s peace plan in January 2020, cooked up
without Palestinian input, provided further evidence of the Israeli
leader’s thirst for land over a negotiated agreement with the
Palestinians. The plan was widely denounced, including by some leading
Democrats, as a smokescreen for annexation by Israel of significant
parts of the West Bank which would create a series of Palestinian
enclaves reminiscent of the patchwork of bantustans across South Africa.
Netanyahu praised it as “the deal of the century” and announced plans
to immediately annex the Jordan Valley and Jewish settlements, although
he was quickly forced to backtrack by an embarrassed White House.
The fracturing of the bipartisan consensus eased the way for three
Democratic members of Congress - Rashida Tlaib, Ilhan Omar and
Alexandria Ocasio Cortez - to accuse Israel of being an apartheid state
and to back the boycott movement. Senior Democrats were unhappy with the
congresswomen but also felt obliged to speak up on behalf of Tlaib, who
is of Palestinian descent, and Omar after they were barred from
visiting Israel in 2019 after Trump appealed for them to be kept out.
Tlaib used the incident to tie Israeli policies to Trump. “Racism and
the politics of hate is thriving in Israel and the American people
should fear what this will mean for the relationship between our two
nations. If you truly believe in democracy, then the close alignment of
Netanyahu with Trump’s hate agenda must prompt a re-evaluation of our
unwavering support for the State of Israel,” Tlaib said in 2021.
For all the animosity, Obama agreed to a deal that increased US aid to
Israel to $38 billion over 10 years. Nonetheless, a debate has emerged
in Washington about the scale of US aid to Israel with attempts by some
members of Congress to set conditions, including that the money cannot
be used to further Israel’s annexation of Palestinian territory or fund
the destruction of Palestinian homes.
The scale of the challenge in shifting policy was demonstrated by the
pro-Israel lobby’s mobilization of more than 300 Representatives and
Senators to sign a letter backing the continuation of financial support
for Israel without conditions. A solid majority of Democrats in Congress
also backed a resolution condemning the Boycott, Divestment, Sanctions
movement.
Still, the Israelis remain worried about the direction of the debate,
including increased framing of the occupation as apartheid. The director
general of its foreign ministry, Alon Ushpiz, earlier this year said
that protecting bipartisan support for Israel in the US is a primary
goal for 2022.
Seidemann, who travelled to Washington to gauge US policy on Israel in
late 2021, said that’s a reflection of Bennett’s concern about whether
the Jewish state will be able to count on America having its back. “It’s
because of great concern at losing the younger generation, losing the
Democratic Party,” he said. “The sands are shifting in the United
States, in the Congress, in public opinion, and in the American Jewish
community, and the apartheid discourse is part of it. There is a center
but that center is not going to hold.”