For the first time in its 31-year history, Israeli human rights group B’Tselem has begun describing both Israel and its control of the Palestinian territories as a single “apartheid” regime, using an explosive term that the country’s leaders and their supporters vehemently reject.
The head of the Kohelet Policy Forum’s International Law Department, Prof. Eugene Kontorovich, told The Jerusalem Post that B’Tzelem’s charge of apartheid can be compared to a blood libel.
“Apartheid is an extraordinary accusation because there is an international crime called the crime of apartheid and an international treaty against the crime of apartheid,” he said.
“B’Tselem is treating Israel the way no other country would be treated,” he said, explaining that no other country has been proven to be an apartheid state, even China or Iran.
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In a report released Tuesday, B’Tselem says that Palestinians have fewer rights than Jews in the entire area between the Mediterranean Sea and the Jordan River.
“One of the key points in our analysis is that this is a single geopolitical area ruled by one government,” said B’Tselem director Hagai El-Ad. “This is not democracy plus occupation. This is apartheid between the river and the sea.”
That a respected Israeli organization is adopting a term long seen as taboo even by many critics of Israel points to a broader shift in the debate as its half-century occupation of war-won lands drags on and hopes for a two-state solution fade.
Peter Beinart, a prominent Jewish-American critic of Israel, caused a similar stir last year when he came out in favor of a single binational state with equal rights for Jews and Palestinians. B’Tselem does not take a position on whether there should be one state or two.
Israel’s harshest critics have used the term “apartheid” for decades, evoking the system of white rule and racial segregation in South Africa that was brought to an end in 1994. The International Criminal Court defines apartheid as an “institutionalized regime of systematic oppression and domination by one racial group.”
Israel adamantly rejects the term, saying the restrictions it imposes in Gaza and the West Bank are temporary measures needed for security. Most Palestinians in the West Bank live in areas governed by the Palestinian Authority, but those areas are surrounded by Israeli checkpoints and Israeli soldiers can enter at any time. Israel has full control over 60% of the West Bank.
Itay Milner, a spokesman for Israel’s consulate general in New York, dismissed the B’Tselem report as “another tool for them to promote their political agenda,” which he said was based on a “distorted ideological view.” He pointed out that Arab citizens of Israel are represented across the government, including the diplomatic corps.
Eugene Kontorovich, director of international law at the Jerusalem-based Kohelet Policy Forum, says the fact that the Palestinians have their own government makes any talk of apartheid “inapplicable,” calling the B’Tselem report “shockingly weak, dishonest and misleading.”
Palestinian leaders agreed to the current territorial divisions in the Oslo accords in the 1990s, and the Palestinian Authority is recognized as a state by dozens of nations. That, Kontorovich says, is a far cry from the territories designated for Black South Africans under apartheid — known as bantustans — to which many Palestinians compare the areas governed by the PA.
Kontorovich said the use of the word “apartheid” was instead aimed at demonizing Israel in a way that “resonates with racial sensitivities and debates in America and the West.”
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