A/HRC/25/67
rights defenders who peacefully advocate for the rights of Palestinians in the West Bank,
including by cooperating with [United Nations] human rights bodies.”87
75.
An example of an Israeli citizen, belonging to the Druze minority, who has
reportedly been imprisoned for his conscientious objection to serving in the Israeli army is
Omar Saad. In an open letter to the Prime Minister and Minister of Defense he explained: “I
couldn’t imagine myself wearing military uniform and participating in the suppression of
my Palestinian people”. He asked: “How can I be a soldier standing at Qalandia checkpoint
or any other checkpoint, after I experienced the injustices at these checkpoints? How can I
prevent someone from Ramallah to visit his city, Jerusalem? How can I guard the apartheid
wall? How can I be a jailer to my own people while I know that the majority of prisoners
are freedom prisoners and seekers of rights and freedom?”88
76.
It is strongly arguable that those who oppose Israeli measures amounting to
apartheid risk persecution because of their opposition.
Systematic oppression
77.
None of the human rights violations discussed in the context of possibly constituting
“inhuman acts” for the purpose of the International Convention on the Suppression and
Punishment of the Crime of Apartheid or the Rome Statute can be said to be isolated
events. Rather, their commission reflects systematic and discriminatory Israeli policies,
laws and practices, which determine where in the occupied land Palestinians may or may
not travel, live and work. Laws and policies have also institutionalized just how lightly a
civilian Palestinian life may be weighed, when placed on the scales against claims of
overarching security concerns, contrasting with the legal protection of the Israeli
constitutional system given to unlawful Israeli settlers. The combined effect of the
measures designed to ensure security for Israeli citizens, to facilitate and expand
settlements, and, it would appear, to annex land, is hafrada, discrimination and systematic
oppression of, and domination over, the Palestinian people.
VI. Concluding remarks
78.
Through prolonged occupation, with practices and policies which appear to
constitute apartheid and segregation, ongoing expansion of settlements, and continual
construction of the wall arguably amounting to de facto annexation of parts of the occupied
Palestinian territory, the denial by Israel of the right to self-determination of the Palestinian
people is evident. The Draft Articles on Responsibility of States for Internationally
Wrongful Acts provide guidance as to the consequences of serious breaches of peremptory
norms under international law. In this respect there is authority89 to suggest that the
following prohibitions have attained the status of peremptory norms: aggression through
military occupation and imposition of military blockades on ports and coasts,90 racial
discrimination and apartheid, and torture. In addition, the right to self-determination itself
has been recognized as a peremptory norm which applies erga omnes.91
79.
Under article 40, paragraph 2, of the Draft Articles, for breaches of peremptory
norms to be “serious” they must “involve a gross or systematic failure of the responsible
87
88
89
90
91
20
Ibid.
See www.wri-irg.org/node/20565.
Draft Articles, chap. III.
General Assembly resolution 3314(XXIX).
Draft Articles, chap. III, commentary.
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