Apartheid

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of apartheid crimes outlined above, i.e. in this sense more similar to the
Nuremberg War Crimes Tribunal. On the other hand, it would not mete out
punishment like a tribunal. Alongside the TRC, an unbiased and independent
judiciary will prosecute and handle crime and punishment in a regular fashion.
Such a judiciary must, however, first replace the Israeli military courts’ illegal
jurisdiction over the Occupied Palestinian Territories. In these areas, it could
initially be staffed by neutral third party observers as well as existing Palestinian
law and justice employees, preferably aligned with, and working alongside, the
International Criminal Court. Obviously, more needs to be done by Palestinian
authorities to stop crimes such as ‘honor’ killings, as well as corruption, police
brutality and other kinds of normal problems. With regard, to ‘honor’ killings,
however, it is possibly of equal importance that Israel puts an end to its
demographic warfare against Palestinians, i.e. to stop ethnicist immigration and
fertilization policies and practices.
10. Other measures must eventually also follow. As we have seen, they should include
changes to Israeli governmental handling of schools and universities, public
service broadcasting, the Law of Entry, the Citizenship Law, the Military Service
Law, access to public amenities and public services, employment opportunities,
social security, and welfare services, all areas in which Israeli society still proves
to be ethnicist against non-Jews (especially against the indigenous people), in
policy as well as practice. In order to further redress discrimination, ethnicism and
discrimination based on race, culture, sex, age, and religion should be outlawed
constitutionally (in both countries or in the unitary successor state), and affirmative
action programs should eventually be introduced. Lastly, the name(s) of the
country or countries and its (their) flag(s) and other official symbols should be
reconsidered, in order to be representative of more than only Jews and Judaism, or
for that matter of more than only Palestinians, Arabs, or Muslims. 748
All in all, these are nothing but simple and basic demands for democracy, the rule of
international law, a minimum respect for human rights, and for common human decency.
They could be summed up by two simple two-word slogans: ‘Stop Apartheid!’ or ‘Introduce
Democracy!’ It is not too much to demand these very basic things in this day and age. They
should under no circumstances be seen as favors to ask of the Israelis (or the Americans).
4. Truth and Reconciliation
Societies that have displayed apartheid or other kinds of intense oppression and armed
conflict in practice, such as present-day Israel, could benefit greatly from a Truth and
Reconciliation Commission along the South African lines, though not until the State of War in
the sense of John Locke (see Introduction to Part II, above) is ended. Furthermore, there are
issues of arbitrariness involved, due to limitations of resources as well as to political
pressures. For instance, the TRC in South Africa was forced to set cut-off dates. It would not
cover any human rights violations committed before 1960 or after 1994.
The appropriateness of deadlines and other limitations may be criticized, they may be
better or worse, but the basic pattern of human rights violations must be stopped before truthfinding
and reconciliatory mechanisms based on forgiveness can set in. There must also be at
least some sort of realization amongst the perpetrators that they are committing or have
committed violations. That seems indeed to have been the case in South Africa, when its TRC
748 Abuhamdeh & Balak November 24, 2002 (see footnote 492)