Apartheid & Cruel Discrimination

Legal Framework: Crime Against Humanity

Apartheid is legally defined under the Apartheid Convention and Rome Statute (Art. 7(2)(h)) as "inhuman acts […] committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over another." It is recognised as a crime against humanity under both treaties.

Institutionalised Segregation & Denial of Rights

UN experts and human rights organisations, such as Amnesty International, Human Rights Watch (HRW), the UN Special Rapporteur, and the International Court of Justice (ICJ), report a unified Israeli legal system privileging Jewish Israelis while subjecting Palestinians to varying legal statuses.

This includes:

  • Legal systems that discriminate by identity or residency.

  • Land confiscation and home demolitions.

  • Permit regimes, checkpoints, and access restrictions that fragment Palestinian lives, movement, and economy.

Human Rights Watch asserts this segregation satisfies the components of apartheid: domination, regime, and inhumane acts.

Intent & Purpose: Maintaining Supremacy Over Palestinians

Investigations have found sustained intent by Israeli authorities to maintain Jewish dominance over Palestinians. This is demonstrated through:

  • The expansion of settlements in East Jerusalem and West Bank using discriminatory laws.

  • Policies explicitly designed to prevent Palestinian growth and residence while incentivising Jewish settlement.

  • Statements and laws reinforcing this control, upheld by judicial and legislative bodies.

Inhuman Acts Under the Regime

Amnesty and UN Special Rapporteurs highlight repeated, systemic violations including:

  • Forced displacement, demolitions, arbitrary detentions.

  • Denial of basic services like water and movement access.

  • Repression and violence by settlers and security forces.

These acts fulfill key criteria for overlapping crimes under both apartheid and persecution, as outlined in Rome Statute Articles 7 & 8 and the Apartheid Convention.

ICJ Advisory Opinion: Segregation & Discrimination

In its July 2024 Advisory Opinion, the ICJ confirmed that Israel’s separation policies in the Occupied Palestinian Territory violate Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). It identified a near-complete separation between settlers and Palestinians enforced by Israeli legislation and measures.

The Court regards these conditions as "systemic discrimination", amounting to both segregation and apartheid.

Crime Classification & Scope

Based on evidence reviewed, human rights bodies and legal experts argue:

  • Apartheid, as a war crime and crime against humanity (Rome Statute, Art. 7(2)(h)).

  • Persecution under Art. 7, via denial of rights, property, movement, and nationality.

  • These acts are systematic, institutionally supported, and intentional

Tens of thousands of pro-Palestinian demonstrators rally outside Downing Street in support of the Palestinian population of Gaza (October 2023)

Image credit: Vox