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34<br />

professionals. In a nutshell: the indigenous ethnic majority was needed by the apartheid elites<br />

to do the dirty work, although the latter did not want members of the former group anywhere<br />

in the vicinity. This is a basic contradiction, which has led every apartheid society so far to<br />

collapse – with the notable, but thus far comparatively short-lived exception of Israel.<br />

The elite ethnicity needs the conquered ethnic majority as a construction. The borders<br />

between the ethnic groups in an apartheid society are not unlike borders between nationstates.<br />

They are ultimately based on arbitrary decisions by the holders of power. But on the<br />

other hand the elite ethnicity also needs to destroy this group on a symbolic level. As we shall<br />

see in Section II.9, it needs to dehumanize, or at least to ‘sub-humanize’, the conquered<br />

population. And its ethnicity is most of all an effect of the resistant representation of that<br />

ethnic majority, which takes place nonetheless.<br />

Yet another instance of apartheid’s inner tension, related to the previous ones and no<br />

less crippling to apartheid societies, is the continuous resentment and physical resistance of<br />

the subjugated indigenous majority. That resistance takes many forms, active as well as<br />

passive, violent as well as non-violent, and this all contributes to making the upkeep of<br />

apartheid very expensive indeed. As the Palestinian-American intellectual, Edward Said,<br />

observed soon after the outbreak of the Second Intifada:<br />

Fanciful ideas of Israeli power today as embodied in the people who<br />

like Sharon are at best a postponement, and a bloody one at that, of the<br />

inevitable realization that apartheid can only work if two peoples<br />

accept the notion of separation with inferiority that the strong imposes<br />

on the weak. But since that is not the case (and has never happened in<br />

history), it will always be unlikely that people will cheerfully accept<br />

their enslavement. Why are Israelis en masse fooling themselves into<br />

thinking that it will work in so small an area and so historically<br />

saturated a geography as Palestine’s? 25<br />

Even South African apartheid, with its very formal and legalistic definition of<br />

apartheid, which the National Party defined and kept redefining from the 1940s until the<br />

1990s, must not be reduced to a phenomenon contained in the state apparatus. To do so would<br />

be to exonerate the business community and other members and institutions of civil society, as<br />

well as all the numerous foreign beneficiaries, from any responsibility whatsoever for<br />

apartheid human rights violations. With regard to de facto criminal liabilities, this is<br />

unfortunately already the case. Today, the only way to receive justice with regard to most of<br />

apartheid’s perpetrators in South Africa is through the civil court systems, i.e. through suing<br />

for damages. And due to the huge profits made by apartheid perpetrators, they have better<br />

chances in civil courts, because they can afford clever lawyers and teams of lawyers, and also<br />

because of the precedent-setting de facto amnesty extended to them by the lack of criminal<br />

liability for these crimes against humanity. Moreover, they have the state against them as<br />

South Africa is today reluctant to scare away foreign investors. Economic globalization works<br />

in favor of apartheid impunity.<br />

When in early September 2001 the United Nations World Conference Against Racism<br />

failed to condemn Israel for apartheid, despite an overwhelming majority of delegates in favor<br />

of such a condemnation, mainly because of intense pressure from Israel and the USA, a small,<br />

but largely unnoticed fault was contained in the wording that made Israel an apartheid state.<br />

As I shall attempt to show, Israel is indeed an apartheid state, but many crucial upholders of<br />

Israeli apartheid practices and apartheid institutions would have been left unmentioned in such<br />

a condemnation, and thus beyond the reach of criminal courts. (See Chapter III.2, below.) A<br />

strong and sovereign state is indeed necessary for apartheid to function, but it is certainly not<br />

sufficient. To view apartheid as essentially a kind of state-run oppression will in my opinion<br />

25 Said: Where Will Sharon Take Israel? 2001

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