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Feature

Human Rights Watch ‘apartheid’ claim should serve as a wake-up call for Israel

Eetta Prince-Gibson
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Published: 4 May 2021

Last updated: 4 March 2024

It’s a flawed and biased report but its predictable dismissal as anti-Israel propaganda allows politicians to avoid the allegations it makes about the treatment of Palestinians

THE REPORT RELEASED by Human Rights Watch (HRW) that determines Israel “has crossed the threshold” and Israeli officials have committed “the crimes against humanity of apartheid and persecution” is methodologically flawed, intellectually disingenuous, and politically biased. 

Yet, it should serve as a wake-up call for Israel and an opportunity for self-criticism. Sadly, and predictably, Israeli politicians and officials have responded by dismissing the report in its entirety without any further discussion. 

The 213-page report, which HRW touts as one of the most comprehensive of its kind, is predicated on what the organisation refers to as “the present-day reality of a single authority, the Israeli-government, ruling primarily over the area between the Jordan River and the Mediterranean Sea, populated by two groups of roughly-equal size….”  The conflation of three distinct entities – the Gaza Strip, the West Bank, and the State of Israel within its internationally-accepted borders – is the report’s most glaring flaw. Even in sections in which it does recognise distinctions between these three situations, the use of a single analytical framework (Israeli authority) across widely differing categories is methodologically lazy and politically misleading. By applying Israel’s control over the region as the single analytic variable, the report reduces a complex situation into a simplistic accusation.

By applying Israel’s control over the region as the single analytic variable, the report reduces a complex situation into a simplistic accusation.

Journalist and political analyst Hirsch Goodman, who left his birth home in South Africa because of his objection to apartheid, notes another problem resulting from this methodology. Writing in The Forward, he observes, “Ironically, much of the case Human Rights Watch lays out draws on the work of watchdog groups based in Israel, making the precise efforts toward reform that the report leaves no room to acknowledge. None of those groups – more than 40 in all – would have been able to function under a true apartheid regime. If the underlining objective was to prove and substantiate that Israel is an apartheid state, it just doesn’t hold up to serious scrutiny.”

In addition, the report makes no mention of terror or Israel’s justified right to security. Nor does it pay any attention to the fact that terrorism, especially when supported by state or quasi-state actors, such as the Palestinian Authority, and firing rockets into civilian areas, as Hamas does from Gaza, also constitute serious crimes against humanity.  Furthermore, the Palestinian threat to return to terrorism if its demands are not met has been and remains an obstacle to any resolution of the conflict.

The report states that one of the reasons it applies the term “apartheid” to the situation in Israel/Palestine is its ostensible permanence. And indeed, after 54 years of occupation since the Six Day’s War, and in the face of Israeli officials’ statements about annexation of the West Bank and eternal control over “the entire Land of Israel,” the situation can hardly be justified as “temporary.”  Yet, at the same time, the report makes no mention of Palestinian rejectionism and the role the Palestinian Authority has played in perpetuating the conflict.

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Although HRW is a venerable human rights organisation, throughout the years it has focused excessively on Israel.  Furthermore, it seems to have an exaggerated sense of self-importance and institutional arrogance in thinking that it can describe broad and complex socio-political processes when it determines, solely on the basis of its own investigation, that Israel has “crossed the threshold.”

Speaking on Israel’s i24 television, Eric Goldstein, Director of HRW’s Middle East and North Africa Unit, explained that the report adopted a “legal lens” to assess the situation and reach the conclusion that Israel is committing apartheid. Indeed, in international law, and in UN Conventions, the term “apartheid” has been expanded from its original reference to South Africa to broadly include cases in which, among others, one people systematically dominates over and oppresses another. 

Goldstein’s explanation is legally precise but politically disingenuous. HRW must know that for people who are not familiar with international law, the general public, “apartheid” refers to South Africa. The fight against apartheid turned South Africa into a pariah state that faced nearly universal condemnation, boycott, and sanctions. The report calls for an investigation by the International Criminal Court (ICC) in The Hague to investigate Israel (which it is already doing) and to consider imposition of sanctions, including travel bans and the freezing of assets in connection with individuals whose official positions make them responsible for committing these crimes.

The prohibition against apartheid is absolute. Apartheid cannot be fixed or modified; it can only be dismantled, as it was in South Africa.  The implication is that Israel, too, cannot be fixed and must be dismantled.  HRW must know that, in the eyes of the public, the “legal lens” is shaped by its political, not judicial, context.

For these reasons, and as I have written here, the use of the word, “apartheid” is not useful in a discussion of Israel-Palestine. Instead of a substantive discussion, it leads only to emotional responses.  Indeed, the reaction by most Israeli officials and politicians has been predictable.  Rather than discussing the report on its merits (and lack thereof), they merely dismissed it as anti-Israel propaganda.

the use of the word, “apartheid” is not useful in a discussion of Israel-Palestine. Instead of a substantive discussion, it leads only to emotional responses. 

Said the Foreign Ministry, “HRW is known to have a long-standing anti-Israel agenda. The fictional claims that HRW concocted are both preposterous and false.”

Other officials responded with “whataboutisms.” Why is Israel the only country singled out as an apartheid state? What about all the other countries that commit blatant systematic oppression of other peoples that is much more severe than Israel’s treatment of the Palestinians? In response, Goldstein says while countries such as Myanmar in its treatment of the Rohinga and China in its treatment of the Uyghurs (both of which have been the topic of comprehensive HRW reports) have committed war crimes and crimes against humanity, they are of a different, although not less severe, type than the alleged apartheid that Israel is committing.

But when Israeli officials and the general public are reduced to asking questions of the “whataboutism” kind, it is time for us to stop and examine our own behavior.

Do we really want to ask about other countries? Do we want to be compared to Myanmar, China, and Syria?  Do we really want to be considered, even theoretically, in the same category as countries such as Liberia, Rwanda, Serbia and the former Yugoslavia, and the Sudan, who have been prosecuted for crimes against humanity?

Too often, Israel acts as an adolescent. We want to be trusted as a mature, like-minded ally of the United States and other Western countries and to be the recipient of the largest allocation of US foreign military aid, both on a per year and on a multi-year aggregate. But when our behaviour is questioned, we throw a temper tantrum.

Too often, Israel acts as an adolescent. We want to be trusted as a mature, like-minded ally of the United States and other Western countries and to be the recipient of the largest allocation of US foreign military aid, both on a per year and on a multi-year aggregate. But when our behaviour is questioned, we throw a temper tantrum.

We demand to be thought of as a normal state – but when we behave abnormally in the eyes of the western world, we play the victim card. We claim the moral high ground but insist that nothing in the current situation is our fault and that we bare no moral responsibility.

Yet, if we are a normal country, why should we be exempt from criticism? And, if we are, as we claim to be, a mature country, why have we exempted ourselves from our own criticism?

Regardless of the HRW report, can we honestly tell ourselves that there is no systematic oppression of Palestinians in the West Bank, Gaza and even, in many cases, within Israel itself? Can we genuinely say that we do not dominate another people? That the Israel Defense Forces and the civil administration responsible for the functional lives of the Palestinians under Israeli control never commit inhumane acts?

The concept of proportionality provides a strong defence against accusations of war crimes.  According to Customary International Humanitarian Law, proportionality demands the fulfilment of a military mission without causing unnecessary damage. It entails the adaptation of the means of combat to the anticipated military result without causing excessive civilian harm. Can we tell ourselves in good conscience that our responses to genuine security threats have been proportionate? Do we always balance security against the human rights of millions of Palestinians?  Even our own military found that Palestinian minors have been detained improperly and without regard to the human rights of children.

A country’s investigation and prosecution of criminal acts and possible war crimes by its own citizens is a strong deterrent to investigation by international bodies such as the International Criminal Court.  But Israel has not prosecuted abuses to the full extent of the law, and offences committed by soldiers and police against Palestinians often go unpunished; offenders, if brought to trial, receive light, disproportionate sentences.

After the Holocaust, the international community came to understand that some crimes are so heinous that the world must not, and cannot, turn away. As flawed as the Nuremberg trials were, they stand as a shining first example in the modern legal world of an international criminal tribunal. And the Jewish people were strong proponents of these trials.

But if we want to live in a world where there are international investigations into the possibility of war crimes and crimes against humanity, we must accept that Israel will come under review, too. 

if we want to live in a world where there are international investigations into the possibility of war crimes and crimes against humanity, we must accept that Israel will come under review, too. 

Given the antisemitism and anti-Zionism so prevalent in the world, this might be considered a naïve and even self-defeating position.  But for Israel to censor itself because others abuse the law would be grant the abusers a victory – over itself, over morality, and over the truth.  While the Human Rights Watch report may be flawed and biased, it is not possible to maintain an occupation over another people for more than half a century without committing offenses and crimes.

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About the author

Eetta Prince-Gibson

Eetta Prince-Gibson, who lives in Jerusalem, was previously Editor-in-Chief of The Jerusalem Report, is the Israel Editor for Moment Magazine and a regular contributor to Haaretz, The Forward, PRI, and other Israeli and international publications.

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