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OpEdNews Op Eds    H3'ed 12/11/09

Israeli Occupation, Colonialism and Apartheid

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Stephen Lendman
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-- the Palestinians' right to self-determination;


-- the fact that Gaza, the West Bank and East Jerusalem are illegally occupied;


-- that Israel has no sovereignty over these Territories, only an earlier temporary administrative right no longer applicable;


-- that land seizures are illegal; so is the Separation Wall as the ICJ affirmed in 2004;


-- that the 2005 Gaza "disengagement" left Israel in control; and


-- that, as an Occupying Power, international law obligates Israel to "abide by the....rules of armed conflict (and relevant human rights laws) in its administration of the territories."


For over 42 years, Israel willfully violated the law under a dual discriminatory regime. Its occupation and land seizures are illegal. Its settlers are protected under civil laws assuring them free movement and essential services. Palestinians come under military law and its courts with procedures that violate international judiciary standards. Israel's High Court affirmed the bifurcated system that "discriminate(s) between these two groups by according (them) very different rights, protections, and life chances in the same territory." This system violates the laws of armed conflict, and also the international legal colonialism and apartheid prohibitions.


Under the Declaration on Colonialism, this practice exists when states annex or otherwise lawlessly retain territorial control and deny indigenous peoples their right to self-determination. Israel does it six ways by:


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