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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents