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The lie of apartheid and the plan of the century

2020-02-09T21:25:17.841Z


Shuki Friedman


Apparently, the Palestinians and their supporters believe that repeating a lie enough times becomes truth. For two decades, they claim that Israel is an apartheid state, and its control over the territories of Judea and Samaria proves this. After the Trump outline was published, the lie was also affixed to him.

Apartheid in its modern era rose in South Africa in 1948. In its decades of existence, the apartheid regime in South Africa has passed a series of racial laws establishing racial segregation in almost every conceivable field, from separate benches in the public sphere, through segregation in schools, public transport, bathing and other areas, to the introduction of separate and different rights systems for whites. "Colored" and black.

All these characteristics do not exist in Israeli rule over the Palestinians in Judea and Samaria and not in Israel itself. Indeed, because of how the legal regime developed in the Occupied Territories, there are differences between the norms that apply to Israelis and those that apply to the Palestinians. Some of these legal norms, in some cases, violate the rights of Palestinians. Still, there is no connection between these legal differences and apartheid. In most cases, Judea and Samaria are international law, along with military law, which adopts parts of Israeli law.

No legal norm in Judea and Samaria has any clear discrimination between Israelis and Palestinians, based on their origin and intention to discriminate. To the extent that there are legal differences, they do not discriminate in essence and in practice, and they arise only from the different legal status of the two populations. Indeed, from time to time, the rights of Palestinians living in these territories are violated, but this violation is always proportionate, stemming from security needs, and controlled by the High Court of Justice.

Trump's outline suggests allowing Palestinians to establish a state in most of Judea and Samaria; A "minus state" in which they will not have full control over the borders, but with clear boundaries within which they will be given full rights and tools to exercise sovereignty. Despite this, the Palestinians and some of the program's critics in Israel were quick to act the easy way and also stamp this seal of apartheid.

In the state that will emerge, they claim, there will in fact be structured discrimination against the Palestinians because their territory will not be maximal and because the plan seeks to maintain Israel's security. This time too, there is no bigger lie than that. After finally accepting responsibility for their lives and exercising their rights in the significant space promised to them by the program, they will have the full legal rights that a sovereign state can grant to its citizens, and it is hoped that their state constitution will also be given a central place in human rights. Israel, however, will no longer rule there, and therefore will not be able to apply any regime to them, nor apartheid.

Dr. Shuki Friedman is a Law Lecturer at the Persashuki Freedom Academic Center

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Source: israelhayom

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