Charging Israel with apartheid turns int’l law on its head - NGO Monitor


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Charging Israel with apartheid turns int’l law on its head - NGO Monitor
NGO Monitor's upcoming report will find that Israeli practices and policies are not comparable to those of apartheid South Africa.
Published: DECEMBER 16, 2021

Attempts to tar Israel as an apartheid state under international law, twist legal tools for political ends, a new NGO Monitor report argues. Authored by British Barrister Joshua Kern and NGO Monitor Legal Advisor Anne Herzberg, the report delves deep into legal sources to identify what “apartheid” means as a crime in concrete legal terms as opposed to its colloquial and political uses. The report comes following non-governmental organizations (NGOs) increasing campaign to apply the “apartheid” label to Israel not only in political discourse but lobbying the International Criminal Court (ICC) to charge Israelis with this crime and bolstering related campaigns at the UN.

“Apartheid is a grave accusation, but claims of apartheid have been made imprecisely and casually by many NGOs… the definition of apartheid is untested in international law as no court has yet examined the crime, and there is comparatively little legal writing available,” says the report. NGO Monitor views the report as an opportunity to address “this legal vacuum and provides a full analysis grounded in international law of the elements of apartheid as a crime against humanity.”