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112<br />

heavily Christian attitude towards the concepts of justice, sin, and forgiveness permeating the<br />

TRC, and possibly even due to a hint of structural pro-White bias as a result of white military<br />

strength in South Africa during the negotiations leading up to the creation of democracy and<br />

the TRC, and as a result of the centuries-old, brutally won, and still well-entrenched white<br />

power throughout the world.<br />

<strong>Apartheid</strong> cannot be excused – although some of its crimes may thus be forgiven on an<br />

individual basis – because apartheid is and remains a crime against humanity. Resistance<br />

against it, even armed resistance, however, is not. The only exception is when people who can<br />

be considered unequivocally as civilians – such as children and others who cannot be held<br />

responsible for apartheid – are targeted with deadly force by those resisting apartheid. 188 In<br />

such cases of apartheid violence, the main responsibility, the primary liability, can no longer<br />

rest with the perpetrators of apartheid, i.e. with the oppressive ethnic minority elites, although<br />

they must, in my opinion, still carry some of the legal responsibility, even for such cases.<br />

There is not just a grey, amorphous mass of crimes against humanity, each as bad as<br />

the next. We tend to forget this, perhaps mainly because the powerful authors of crimes<br />

against humanity often cover their tracks, and even if they are caught they tend to find or<br />

conjure up ‘fall guys’, people who take the blame for them. The crimes, even the crimes<br />

against humanity, committed to resist apartheid were so far never ultimately provocative, but,<br />

on the contrary, provoked crimes. Nor were they, as we shall now see, ever of the magnitude<br />

of the crime of apartheid itself in terms of casualties and destruction wrought, and they are<br />

never likely to be so, due both to the military inferiority of the oppressed majority and to the<br />

exceptional criminal ruthlessness needed to set up and perpetuate an apartheid system. The<br />

perpetrators of apartheid are so far responsible for the vast majority of killings as long as<br />

apartheid lasts, especially for atrocities such as the slaughter of innocent civilians, as well as<br />

for the vast majority of cases of other kinds of violence.<br />

A third kind of physical apartheid violence is more complicated with regard to<br />

responsibility. I am referring to the violent effects of apartheid elite ‘divide and rule’ policies<br />

as well as the indigenous responsibilities behind this kind of violence. The perhaps least<br />

known of these kinds of violence is what I will refer to as the ‘demographic war’, a term often<br />

used to label an aspect of the violence in Israel and Palestine that is not readily subsumable<br />

under the category of physical violence between Israelis and Palestinians but is nevertheless<br />

intimately related to the conflict. The main form of physical violence in my concept of<br />

demographic war is ‘femicide’, a term coined to call attention to the many instances in which<br />

women and girls are killed because they are women and girls. Femicide is a category of<br />

systematic crime that is sometimes carried out by women, but it is a patriarchal phenomenon:<br />

it is always in the interest, or in the perceived interest, of male elites, and it is carried out for<br />

that reason. 189<br />

188 As can be seen throughout this section this happened, or most probably happened, in all apartheid societies.<br />

Members of the oppressive minority in an ethnicist state who are neither unequivocally civilians nor noncivilians,<br />

but who are not directly threatening to kill members of the oppressed majority, can in my opinion not<br />

be legitimate targets either. To kill them is not a crime against humanity, such as the murder of children, but it is<br />

a crime. It is murder, or at least manslaughter, albeit with a few additional extenuating circumstances, especially<br />

if the victims have the vote (as both South African White and Israeli Jewish adults did and do), if the victims are<br />

armed, if they live on stolen land whose rightful owners have been murdered or chased away, and/or if they are<br />

otherwise personally reaping the benefits of apartheid. Particularly if the rightful owners were first chased away<br />

by the very same persons later killed, then killing them must certainly be considered as something less serious<br />

than murder in the first degree. Both Palestinian and South African freedom fighters have made themselves<br />

guilty of both kinds of transgressions. See, for instance, Al-Mughrabi: Amnesty Condemns Palestinian Attacks<br />

on Israelis, 2002; N.N.: Israel and the Occupied Territories and the Palestinian Authority: Without Distinction -<br />

Attacks on Civilians by Palestinian Armed Groups, July 11, 2002; Ackerman, G.: Amnesty Criticises Israel,<br />

Palestinian Militants, 2003. See further, Part III, Chapters 2-5, below, and footnote 16, above.<br />

189 Abu-Lughod: The Demographic War for Palestine, 1986; Bishara, M.: Palestine/Israel: Peace or <strong>Apartheid</strong>:<br />

Occupation, Terrorism and the Future, 2 2002 (2001): 104-106 (chapter on ‘Israel’s Demographic War’);<br />

Löwstedt: The Main Victims in the Israeli-Palestinian Demographic War Are Palestinian Women, 2005; Radford

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