Israel-Palestine Through the Lens of Racial Discrimination Law: Is the South African Apartheid Analogy Accurate, and What if the European Convention Applied?
Аннотация:The dominant legal analysis of Israel-Palestine is that there is a temporary occupation, which explains why all Palestinian residents of Gaza and the West Bank (including East Jerusalem) are not offered Israeli citizenship and the right to vote in Knesset elections.But is a nearly 50-year-old occupation still temporary, or has it become permanent and a de facto annexation?If so, could racial discrimination law make a more useful legal contribution to the political debates about Israel-Palestine than international humanitarian law?The author argues that international law against racial discrimination in access to citizenship and the right to vote, applied to Palestinians living as expelled non-citizens in exile, as non-citizens under occupation, or as second-class citizens in Israel, supports the accuracy of the analogy with South African apartheid.