The United Nations has accused Israel of implementing policies and practices akin to “apartheid” in the occupied West Bank, a charge that intensifies international scrutiny of the decades-long conflict and the treatment of Palestinians. The assessment, released Wednesday by the Office of the High Commissioner for Human Rights (OHCHR), calls for Israel to “dismantle all settlements” and details what it describes as a systematic and severe form of racial discrimination. This marks the first time a UN High Commissioner for Human Rights has explicitly used the term “apartheid” to describe the situation, a label previously used by independent UN experts but avoided by the office’s leadership.
The report focuses on the stark disparities in rights, protections, and freedoms between Israeli settlers and Palestinians living in the same territory. It cites restrictions on Palestinian movement through a complex network of checkpoints, limited access to essential resources like water and land, and a legal system that operates under two distinct sets of rules. These conditions, according to the OHCHR, create a situation of “oppression and domination” that echoes the historical system of apartheid enforced in South Africa.
“There is a systematic asphyxiation of the rights of Palestinians in the West Bank,” stated UN rights chief Volker Türk in a press release accompanying the report. He added that the situation represents “a particularly severe form of racial discrimination, and segregation.” The term “apartheid,” originating from the Afrikaans word for “separateness,” was internationally recognized as a crime against humanity in the context of South Africa’s racial segregation policies, which were in effect from 1948 to 1994.
Systemic Discrimination and Land Confiscation
The OHCHR report details how Israeli laws and policies contribute to the unequal treatment of Palestinians. Palestinians face significant obstacles in obtaining building permits, leading to the demolition of homes and structures. B’Tselem, an Israeli human rights organization, has documented extensively the demolition of Palestinian homes in the West Bank, often citing lack of permits as the justification. The report also highlights the “large-scale confiscation of land and deprivation of access to resources,” which disproportionately affects Palestinian communities. This confiscation, coupled with restrictions on agricultural access – including limitations on harvesting olives, a vital part of the Palestinian economy – further exacerbates economic hardship.
The report emphasizes the dual legal system operating in the West Bank. Israeli settlers are subject to Israeli civil law, while Palestinians are primarily governed by Israeli military law. This results in Palestinians being prosecuted in military courts, where due process and fair trial rights are, according to the OHCHR, “systematically violated.” The UN report notes that this disparity in legal treatment extends to various aspects of life, including access to water, healthcare, and education.
Escalating Violence and Settlement Expansion
The OHCHR report also points to a worrying increase in violence perpetrated by Israeli settlers against Palestinians, often “with the acquiescence, support and participation of Israel’s security forces.” This settler violence has surged since October 7, 2023, coinciding with the conflict in Gaza. According to the report, Israeli attacks have resulted in the deaths of more than 1,100 Palestinians in the West Bank since that date, and nearly 21,000 Palestinians have been arrested by Israeli authorities during the same period. These figures align with data compiled by the UN Office for the Coordination of Humanitarian Affairs (OCHA), which tracks casualties and displacement in the occupied Palestinian territory.
Adding to the tensions, Israel continues to expand its settlements in the West Bank. In February 2024, Israel approved 19 new settlement outposts, a move widely condemned by the international community as a violation of international law and an obstacle to a two-state solution. Currently, over 500,000 Israelis reside in settlements in the West Bank, which is also home to approximately three million Palestinians. The expansion of these settlements is seen by many as a deliberate attempt to prevent the establishment of a viable, contiguous Palestinian state.
Israel’s Response and International Reaction
Israel has consistently rejected accusations of apartheid, maintaining that its policies are driven by legitimate “security concerns.” Israeli officials argue that restrictions on Palestinian movement and access to resources are necessary to protect Israeli citizens from attacks. But, critics contend that these security concerns are often used as a pretext for discriminatory practices and the ongoing occupation of Palestinian territory.
The international community has largely condemned Israel’s settlement policies and expressed concern over the deteriorating human rights situation in the West Bank. The European Union, for example, has repeatedly called on Israel to halt settlement expansion and respect international law. The United States, while a strong ally of Israel, has also voiced concerns about settler violence and the viability of a two-state solution. However, concrete actions to hold Israel accountable for its actions have been limited.
The UN’s use of the term “apartheid” is likely to further polarize the debate and increase pressure on Israel to address the systemic discrimination faced by Palestinians. The report’s findings will be presented to the UN Human Rights Council in Geneva next month, where a discussion on the situation in the occupied Palestinian territory is expected to take place.
Looking ahead, the UN Human Rights Council is scheduled to review the report’s findings and consider potential follow-up actions in September. The International Criminal Court (ICC) is also conducting an investigation into alleged war crimes committed in the occupied Palestinian territory, which could lead to indictments against Israeli officials. The immediate future remains uncertain, but the UN report serves as a stark reminder of the urgent require for a just and lasting resolution to the Israeli-Palestinian conflict.
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