Can Israel stop the world from saying ā€˜apartheidā€™?

February 3, 2022
Issue 
Apartheid wall in occupied Palestine
No amount of propaganda can erase Israel's war crimes. Photo: Wikimedia Commons

The Hebrew-language news site Walla published part of a on January 27 sent by the Israeli Foreign Ministryā€™s Amir Weissbrod to Israeli embassies around the world.

The telegram warned Israeli diplomats that in the upcoming of the United Nations Human Rights Council (UNHRC), which is expected to begin on February 28, a report will be tabled regarding Israelā€™s 2021 of Gaza. This report will apparently use the ā€œapartheidā€ to refer to Israelā€™s occupation of the Palestinians.

Weissbrod relayed Tel Avivā€™s instructions regarding the report prepared by a UNHRC-appointed committee to the Israeli diplomats through this : ā€œThe main goal [for Israel] is to delegitimize the committee, its members and productsā€ and ā€œTo prevent or delay further decisions".

After a four year investigation, on February 1, Amnesty International released a 280-page with a sharp headline, Israelā€™s Apartheid against Palestinians. Amnesty ā€œconcluded that Israel has perpetrated the international wrong of apartheid, as a human rights violation and a violation of public international law wherever it imposes this system.

ā€œIt has assessed that almost all of Israelā€™s civilian administration and military authorities, as well as governmental and quasigovernmental institutions, are involved in the enforcement of the system of apartheid against Palestinians across Israel and the OPT [Occupied Palestinian Territory] and against Palestinian refugees and their descendants outside the territory.ā€

Amnesty further said that these acts ā€œamount to the crime against humanity of apartheid under both the Apartheid Convention and the Rome Statuteā€.

Israelā€™s Foreign Minister Yair Lapid by accusing Amnesty of quoting ā€œlies shared by terrorist organizationsā€. As if on cue, Israelā€™s government Amnesty of antisemitism. The Amnesty report will provide key material for the UNHRC investigation.

One of the immediate issues that will be the of attention for the UNHRC session is Israelā€™s against the Palestinians in Gaza in May, 2021.

According to a July, 2021 by Human Rights Watch (HRW), which looked at three Israeli strikes that were part of the operation ā€œthat killed 62 Palestiniansā€, there were ā€œno evident military targets in the vicinityā€. In its report, HRW used the term ā€œwar crimesā€ to describe attacks by ā€œIsraeli forces and Palestinian armed groupsā€. When the firing stopped , the UNHRC a resolution in late May last year to establish an ā€œongoing independent, international commission of inquiryā€ to investigate various crimes in the OPT, including East Jerusalem, and in Israel.

Navi Pillay, the UN high commissioner for human rights and a former South African judge, was to chair the three-person commission, which also included Miloon Kothari, an Indian architect; and Chris Sidoti, an Australian human rights lawyer. The commission is expected to present its to the UNHRC in June.

The commission chaired by Pillay is the commission established by the UNHRC to investigate Israeli actions against the Palestinians. It has a very broad that includes studying violations of international humanitarian law, according to the ā€œfour Geneva Conventions of 1949,ā€ which both Israel and Palestine are party to, and continuing to investigate these crimes into the future.

It is widely expected that Pillayā€™s report will use the word ā€œapartheidā€ to define Israeli policy in the OPT. This would not be the first time that a United Nations (UN) report has used this term to define Israeli actions against the Palestinians. In 2017, the UN Economic and Social Commission for Western Asia (ESCWA) a report prepared by Richard Falk, ā€œa former UN special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967ā€, and Virginia Tilley, ā€œa researcher and professor of political science at Southern Illinois Universityā€.

The report Israeli policy against the Palestinians as ā€œapartheidā€ as understood under international law (in his 2014 , Falk had already used the term ā€œapartheidā€). The release of that 2017 report led to the of ESCWA head Rima Khalaf, a distinguished Jordanian diplomat, after she faced ā€œpressure from the [UN] secretary-general to withdraw the reportā€.

Hasbara 2.0

In 2006, the Israeli government a Ministry of Strategic Affairs to essentially run two campaigns, one against Iran and the other against the b. This hasbara (explaining or, more specifically, propaganda) ministry operated an that sought to delegitimise BDS activists and to paint anyone who the movement as an antisemite. Largely due to criticisms of its heavy-handedness, the Ministry of Strategic Affairs was in July 2021 and some of its functions were to the Ministry of Foreign Affairs. Weissbrodā€™s telegram is essentially Hasbara 2.0.

The Israeli government set up a new ā€” Concert ā€” inside the Foreign Ministry, on January 23. This well-funded project will carry forward the mission of Solomonā€™s Sling ā€” ā€œa Public Benefit Corporation (PBC) but by government representativesā€ ā€” to burnish Israelā€™s image around the world, particularly in the West. Concert will be the means through which the Israeli government plans to transfer millions of dollars to non-government organisations and media houses to ensure that the reporting about Israel is positive. ā€œDelegitimisationā€ of any of Israel is part of the agenda this project aims to achieve.

The telegram sent by Weissbrod is of Hasbara 2.0. Weissbrod is an experienced hand, having served Israel at the UN in New York and as an ambassador in Jordan, besides working in various ministries in Tel Aviv. In 2011, he Haaretz that diplomats from most countries understand Israelā€™s position relating to the ā€œPalestinian Authorityā€ ā€œbehind closed doorsā€ but they ā€œare not willing to state publicly what they readily say in a private meeting with Israeli representatives, which is often infuriatingā€.

What such duplicity reveals is that these foreign representatives, who agree with Israel ā€œbehind closed doorsā€, recognise that public opinion in their countries is against Israeli policy, but these representatives know that they must not annoy the Israelis or the US diplomats, who would otherwise make life difficult for their countries. (A senior Indian diplomat told me plainly that India relations with Israel in 1992 because the US told New Delhi that the ā€œroad to Washington had to go through Tel Avivā€.)

Israel recognises that few of the countries in the UNHRC will vote against the report that is expected to brand it as an ā€œā€. It will try to do two things to prevent the report from coming out: delegitimise the commissioners, notably Pillay, and ask the US to use its membership on the UNHRC to delay the reportā€™s release.

War crimes

In March last year, Fatou Bensouda, the prosecutor of the International Criminal Court (ICC), that her office had opened an investigation relating to ā€œRome Statute crimesā€ by Israel against the Palestinians. There are effectively four Rome Statute crimes: the crime of genocide, crimes against humanity, war crimes and the crime of aggression. Each of these crimes is horrendous.

What Israel fears is that a negative report in the UNHRC might provide evidence for the ICC investigation. On January 3, Lapid Israeli journalists that his government fears that this year a set of international institutions will try to portray Israel as an ā€œapartheid stateā€. These institutions include the UNHRC, the ICC, the International Court of Justice, and the Committee on the Elimination of Racial Discrimination.

In the press conference, Lapid the characterisation of Israel as an apartheid state ā€œa despicable lieā€. Two years ago, in June 2020, however, one of Israelā€™s most respected human rights organisations ā€” ā€” published a with a startling conclusion: ā€œIt is a difficult statement to make, but the conclusion of this opinion is that the crime against humanity of apartheid is being committed in the West Bank. The perpetrators are Israelis, and the victims are Palestinians.ā€

Such statements are anathema to Lapid and Weissbrod, but ā€” according to Israeli human rights groups (including ) and Palestinian human rights groups (including and Addameer) as well as Amnesty and HRW ā€” are a reflection of the facts witnessed on the ground, and no amount of Hasbara 2.0 can erase these facts.

[This article was produced by . Vijay Prashad is an Indian historian, editor, journalist and director of .]

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