• Keeponstalin@lemmy.world
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    3 months ago

    So you’re saying the international definitions of the crime of apartheid, are irrelevant span and presupposition, when it comes to determining if Israel is guilty of the crime of apartheid?

    The Rome Statute [Article 7] provides that the crime against humanity of apartheid is committed when “inhumane acts of a character similar to those referred to in paragraph 1, are committed “in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”. The “special intent” element of the crime of apartheid under the Rome Statute that distinguishes it from other crimes against humanity is thus the maintenance of a regime of systematic oppression and domination.

    Article II of the ICSPCA defines the crime of apartheid as:

    For the purpose of the present Convention, the term ‘the crime of apartheid’, which shall include similar policies and practices of racial segregation and discrimination as practiced in southern Africa, shall apply to the following inhumane acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

    a. Denial to a member or members of a racial group or groups of the right to life and liberty of person i. By murder of members of a racial group or groups; ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

    b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

    c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognised trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;

    d. Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

    e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;

    f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.

    • 【J】【u】【s】【t】【Z】@lemmy.world
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      3 months ago

      Try and keep up slow poke, it’s irrelevant because it’s a wall of text everyone here talking about this has already read. You don’t need to constantly link things to me that I’ve already seen.

      The Rome Statute says “as practiced in South Africa.”

      That means it’s about policies that are of the same character and kind as they had in South Africa.

      The defining policies of Apartheid are simply not present in Israel, so you must agree you are making a stretch.

      • Keeponstalin@lemmy.world
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        3 months ago

        Have you? Because if you did, you’d realize “as practiced in South Africa” is not a quote found within the entire Rome Statute. In the Rome Statute, which I linked, you can find the Crime of Apartheid listed in Article 7, 2. h) as the following

        “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime

        Unless you meant to reference Article II of the ICSPCA, which lists the crime of apartheid as the following

        the term ‘the crime of apartheid’, which shall include similar policies and practices of racial segregation and discrimination as practiced in southern Africa, shall apply to the following inhumane acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

        Both, on fact every, international definition of Apartheid is about the inhumane acts for the establishment and maintaining of an institutionalized regime of systematic oppression and domination. That’s what they are talking about “the same character and kind as they had in South Africa” not your made up definition of minority rule.

        The defining policies of Apartheid are overwhelmingly present in Israel, for all three of the international definitions of Apartheid.

          • Keeponstalin@lemmy.world
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            3 months ago

            What? Yes, in many cases, it’s worse than Apartheid in South Africa. What do you think Nelson Mandala has said about Israel being an Apartheid State?

              • Keeponstalin@lemmy.world
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                3 months ago

                Sure. I hope you take another look at the Amnesty report on Apartheid, along with the others. Even the B’TSelem quick Explainer does a decent job.

                When in 1977, the United Nations passed the resolution inaugurating the International Day of Solidarity with the Palestinian people, it was asserting the recognition that injustice and gross human rights violations were being perpetrated in Palestine. In the same period, the UN took a strong stand against apartheid; and over the years, an international consensus was built, which helped to bring an end to this iniquitous system.

                But we know too well that our freedom is incomplete without the freedom of the Palestinians; without the resolution of conflicts in East Timor, the Sudan and other parts of the world.

                • Nelson Mandala 1997

                More sources:

                A decade after Mandela’s death, his pro-Palestinian legacy lives on - Reuters

                Nelson Mandela’s support for Palestinians endures with South Africa’s genocide case against Israel - PBS

                • 【J】【u】【s】【t】【Z】@lemmy.world
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                  3 months ago

                  But in that quote he’s literally saying that the UN recognized the plight of people in Palestine and in South African apartheid, and then ended the system of apartheid.

                  What does that say about the system in Palestine?

                  This is not evidence of Nelson Mandela stating that the situation in Israel is literally apartheid.

                  At best it is a presuppossed, vague comparison.

                  Yes, it is unjust. That doesn’t mean it is Apartheid. Hey Charlie

                  • Keeponstalin@lemmy.world
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                    3 months ago

                    No, that quote was also in 1997 before the second Intifada.

                    It is the international definitions of apartheid that show that Israel is an apartheid state.

                    Mandela and South African leaders after him compared the restrictions Israel placed on Palestinians in Gaza and the West Bank with the treatment of Black South Africans during apartheid, framing the two issues as fundamentally about people oppressed in their homeland. Israel provided weapons systems to South Africa’s apartheid government and maintained secret military ties with it up until the mid-1980s, even after publicly denouncing apartheid.

                    It was Zwelivelile Mandela who directly called Israel an Apartheid State.

                    Addressing a large audience, Mandela said that the Nation-State Law passed in 2018 declaring Israel to be the historical homeland of the Jewish people “confirmed what we have always known to be the true character and reality of Israel: Israel is an apartheid state”.

                    He also outlined what had constituted apartheid for black South Africans – from the creation of bantustan reservations to land expropriation and the daily assault on dignity.

                    “All these characteristics were present in apartheid Israel since its inception but have now been codified and given a constitutional status and expression by the Nation-State Law.

                    “Apartheid Israel perpetuates statutory discrimination through the very definition by the law as a Jewish state; by doing so it renders non-Jews as second-class citizens, alternately as foreigners in the land of their birth.”