For more than a decade, a handful of former Israeli politicians and US diplomats identified with what might be termed the “peace process industry” have intermittently warned that, without a two-state solution, Israel is in danger of becoming an “apartheid state”.
The most notable among them include Ehud Barak and Ehud Olmert, two former Israeli prime ministers, and John Kerry, who served as former US President Barack Obama’s secretary of state. Time is rapidly running out, they have all declared in the past.
Their chief concern, it seems, was that without the alibi of some kind of Palestinian state – however circumscribed and feeble – the legitimacy of Israel as a “Jewish and democratic state” will increasingly come under scrutiny. Apartheid will arrive, the argument goes, when a minority of Israeli Jews rule over a majority of Palestinians in the area between the Mediterranean Sea and the River Jordan controlled by Israel.
The apartheid threat has been wielded by the so-called “peace camp” in hopes of mobilising international pressure on the Israeli right, led by Prime Minister Benjamin Netanyahu. The goal has been to force it into making sufficient concessions that the Palestinian leadership agrees to a demilitarised statelet, or statelets, on fragments on the original Palestinian homeland.
Meanwhile, demographic trends have continued apace, and the Israeli right has ignored all warnings, preferring to pursue their Greater Israel ambitions instead. But strangely, the apartheid moment never arrived for the Israeli peace camp. Instead, its expressions of concern about apartheid fizzled into silence, as did its once-vocal worries about a Palestinian demographic majority.
How much sense would it have made in the former South Africa to claim that apartheid existed only in the Bantustans or black townships, while exempting white areas?
This entirely cynical approach to Palestinian statehood was very belatedly blown apart this week with the publication of a report by B’Tselem, Israel’s most prominent and respected human rights group. It broke ranks to declare what has been obvious for many, many years. Israel has created a permanent reality in which there are two peoples, Jews and Palestinians, sharing the same territorial space, but “a regime of Jewish supremacy” has been imposed by the stronger side. This unequivocally qualifies as apartheid, B’Tselem said.
It dismisses the sophistry that apartheid relates to some self-serving demographic deadline – one that never materialises – rather than the explicitly segregationist practices and policies Israel has enforced throughout the territories it rules. It also dismisses arguments made by Israel’s partisans abroad that Israel cannot be an apartheid state because there are no South African-style “whites only” signs on park benches.
Hagai El-Ad, B’Tselem’s executive director, notes that Israel’s version – “apartheid 2.0, if you will – avoids certain kinds of ugliness … That Israel’s definitions do not depend on skin colour make no material difference: it is the supremacist reality which is the heart of the matter.” The report concludes that the bar for apartheid was met after considering “the accumulation of policies and laws that Israel devised to entrench its control over Palestinians”.
What is perhaps most daring about B’Tselem’s analysis is its admission that apartheid exists not just in the occupied territories, as has been observed before, including by former US President Jimmy Carter. It describes the entire region between the Mediterranean and the Jordan River – which encompasses both Israel and the Palestinian territories – as an apartheid regime. It thereby denies Israel’s claims to be a democratic state even inside its internationally recognised borders.
B’Tselem has abandoned the pretence that apartheid can be limited to the occupied territories, as though Israel – the state that rules Palestinians – is somehow exempt from being classified as integral to the apartheid enterprise it institutes and oversees.
That was always obvious. How much sense would it have made in the former South Africa to claim that apartheid existed only in the Bantustans or black townships, while exempting white areas? None at all. And yet, Israel has been getting away with precisely this clearcut casuistry for decades – largely aided by the peace camp, including B’Tselem.
Now, B’Tselem observes: “Jews go about their lives in a single, contiguous space where they enjoy full rights and self-determination. In contrast, Palestinians live in a space that is fragmented into several units, each with a different set of rights – given or denied by Israel, but always inferior to the rights accorded to Jews.”
Israel’s “Jewish supremacist ideology” is revealed in its obsession with “Judaising” land, in its bifurcated citizenship laws and policies that privilege Jews alone, in its regulations that restrict movement for Palestinians only, and in its denial of political participation to Palestinians. These discriminatory policies, B’Tselem notes, apply also to the fifth of Israel’s population who are Palestinian and have nominal Israeli citizenship.
El-Ad concludes: “There is not a single square inch in the territory Israel controls where a Palestinian and a Jew are equal. The only first-class people here are Jewish citizens such as myself.”
What B’Tselem has done is echo the arguments long made by academics and Palestinian civil society, including the international boycott, divestment and sanctions (BDS) movement, that Israel is a settler-colonial society.
In an emailed response to the report, Omar Barghouti, one of the founders of the BDS movement, said it helped to put an end to “the vicious and deeply racist lies about the not-so-perfect Israeli democracy that has a problem called ‘the occupation’”.
The B’Tselem report observes that, while “occupation” must be a temporary situation, Israel has no intention of ending its military rule over Palestinians, even after more than five decades. A Palestinian state is not conceivably on the agenda of any Israeli party in sight of power, and no one in the international community with any influence is demanding one. The two-state solution has been smothered into oblivion.
For that reason, it argues, all of Israel and the Palestinian territories under occupation are organised “under a single principle: advancing and cementing the supremacy of one group – Jews – over another – Palestinians”.
There are good reasons why B’Tselem is biting the bullet now, after decades of equivocation from it and the rest of the Israeli peace camp. Firstly, no one really believes that Israel will be pressured from outside into conceding a Palestinian state. Trump’s so-called “peace plan”, unveiled a year ago, gave Netanyahu everything he wanted, including support for annexing swaths of the West Bank on which illegal settlements have been built.
Four years of Trump, and the recruitment of much of the Gulf to Netanyahu’s side, has shifted the conversation a long way from efforts to secure Palestinian statehood. Now, the focus is on how best to delay Israel’s move towards formal annexation. US president-elect Joe Biden will at best try to push things back to the dismal state they were in before Donald Trump took office. At worst, he will quietly assent to all or most of the damage Trump has inflicted on the Palestinian national cause.
Secondly, B’Tselem and other human rights groups are more deeply isolated at home than ever before. There is simply no political constituency in Israel for their research into the systematic abuses of Palestinians by the Israeli army and settlers. That means B’Tselem no longer needs to worry about messaging that could antagonise the sensibilities of Israel’s so-called “Zionist left” – because there is no meaningful peace camp left to alienate.
The disappearance of this peace camp, unreliable as it was, has only been underscored by the Israeli general election due in late March. The battle for power this time is being waged between three or four far-right parties that all support annexation to varying degrees.
Israel’s apologists will now face the much harder task of showing that B’Tselem is antisemitic, along with the Palestinian solidarity activists who cite its work
The Israeli left has ceased to exist at the political level. It comprises a handful of human and legal rights groups, mostly seen by the public as traitors supposedly meddling in Israel’s affairs on behalf of “European” interests. At this stage, B’Tselem has little to lose. It is almost entirely irrelevant inside Israel.
Thirdly, and as a result, the only audience for B’Tselem’s careful research exposing Israeli abuses is overseas. This new report seeks to liberate a conversation about Israel, partly among Palestinian solidarity activists abroad. Their campaigns have been stymied by the failure of the Palestinian leadership under Mahmoud Abbas to signal where they should direct their efforts, now that prospects for Palestinian statehood have vanished.
Activists have also been browbeaten into silence by smears from Israel’s partisans in the US and Europe, decrying any trenchant criticism of Israel as antisemitic. These slurs were relentlessly deployed against the UK’s Labour Party under Jeremy Corbyn because of his support for the Palestinian cause.
Breaking a taboo
By calling Israel an apartheid state and a “regime of Jewish supremacy”, B’Tselem has given the lie to the Israel lobby’s claim – bolstered by a new definition promoted by the International Holocaust Remembrance Alliance – that it is antisemitic to suggest Israel is a “racist endeavour”.
B’Tselem, a veteran Israeli Jewish organisation with deep expertise in human rights and international law, has now explicitly declared that Israel is a racist state. Israel’s apologists will now face the much harder task of showing that B’Tselem is antisemitic, along with the Palestinian solidarity activists who cite its work.
The report is also intended to reach out to young American Jews, who are more willing than their parents to foreground the mistreatment of Palestinians and to forgo the Zionist idea that Israel is their bolthole in times of trouble.
Significantly, the B’Tselem report has been published in the wake of two groundbreaking essays this past summer by influential American Jewish journalist Peter Beinart. In them, he broke a taboo in the US Jewish mainstream by declaring the two-state solution dead and calling for a single democratic state for Israelis and Palestinians.
It doubtless served as a wakeup call to Israeli groups such as B’Tselem that the conversation about Israel is moving on in the US and becoming much more polarised. Israeli human rights groups need to engage with this debate, not shy away from it.
Battle for equality
There is one possible lacuna in B’Tselem’s position. The report suggests a reticence to focus on outcomes. Nowhere is the two-state solution ruled out. Rather, the report notes: “There are various political paths to a just future.” Statements by El-Ad to Middle East Eye indicate that his organisation may still support a framework of international pressure for incremental, piecemeal change in Israeli policies that violate Palestinian human rights.
That is very much what western states, particularly Europe, have been paying lipservice to for decades, while Israeli apartheid has entrenched.
Does B’Tselem hope its apartheid criticisms will prove more effective than Barak and Olmert’s apartheid warnings, finally galvanising the international community into action to push for a Palestinian state? If so, Biden’s performance in office should soon dispel any such illusions. El-Ad observes that the goal now is “a rejection of supremacy, built on a commitment to justice and our shared humanity.”
That cannot happen within the two-state framework, even on the untenable assumption that the international community ever seriously rallies behind Palestinian statehood, against Israel’s wishes. So why not say so explicitly? The best-case two-state scenarios on the table are for a tiny, divided, demilitarised, pseudo-Palestinian state with no control over its borders, airspace or electromagnetic frequencies.
That would not offer “justice” to Palestinians or recognise their “shared humanity” with Israeli Jews.
As welcome as the new report is, it is time for B’Tselem – as well as Palestinian solidarity activists who look to the organisation – to explicitly reject any reversion to a “peace process” premised on ending the occupation. The logic of an apartheid analysis needs to be followed to the very end. That requires unequivocally embracing a democratic single state guaranteeing equality and dignity for all.