South Africa’s Truth and Reconciliation Commission (1998) enumerated the apartheid statute book in a list whose Part I names 120 Acts of Parliament, on the Institute’s count of a list the Commission never totals. The word carries a concrete image: a register sorting every child by race at birth, a pass book, a neighbourhood assigned by statute. Each was a numbered South African Act, and set beside Israel’s enacted texts and court record, the instruments align in function at several points (a population registry, a movement permit regime, land allocation) while the defining category differs: South Africa sorted people into “four distinct racial groups,” and Israel’s Law of Return defines a Jew by maternal descent or conversion. The comparison’s named holders, from Dugard and Reynolds’s peer-reviewed 2013 argument to former heads of Mossad and the Shin Bet, mostly write about the occupied territory or about a future they warn of, and the label the scholarship applies changes with the territory examined.
Key Findings
- The Truth and Reconciliation Commission of South Africa (1998) lists 150 dated entries in Part I of its chapter on apartheid legislation, of which 120 name an Act of Parliament; the 120 is the Institute’s count of the list, not a figure the Commission prints, and it is a floor.
- South Africa’s Population Registration Act No 30 of 1950 registered every person “from birth as belonging to one of four distinct racial groups” (Truth and Reconciliation Commission, 1998); the Knesset’s 1970 amendment to the Law of Return defines “Jew” as a person “born of a Jewish mother or has become converted to Judaism and who is not a member of another religion,” and imports that definition into the Population Registry Law (Knesset, 1950, amended 1970).
- COGAT’s permit instrument, current to 8 February 2022 and published by a party to the events, set a standing quota of 74,300 permits for West Bank Palestinians in home construction; a quota is a ceiling, not a count of permits issued (COGAT, 2022).
- Israel’s Supreme Court ruled on 8 March 2000 that the State “was not permitted, by law, to allocate state land” for the settlement of Katzir “on the basis of discrimination between Jews and non-Jews” (Israeli Supreme Court, 2000), an equality rule built without an equality clause in Basic Law: Human Dignity and Liberty, whose text contains the word “equal” zero times (Knesset, 1992).
- Of 14 entries on Foster’s 2024 roster titled “15 Former Israeli Leaders Call it Apartheid,” 6 apply the word to conditions at the time of speaking and 2 are conditional warnings, on the Institute’s reading of the page against the reporting each entry links (Foster, 2024).
Does Israel’s legal order match the one South Africa built?
The Truth and Reconciliation Commission of South Africa (1998) lists 120 Acts of the South African Parliament in Part I of its chapter on apartheid legislation, a count the Institute made of a list the Commission never totals. No Israeli instrument enumerates a counterpart statute book, so the comparison runs instrument against instrument, and the first point of divergence is the category each book defines.
The Commission’s list is selective by its own terms. Its preamble states: “Only discriminatory legislation is listed; laws and amendments that are purely administrative and not race-based are excluded.” Each entry is flagged as a basic apartheid law or by domain: the workplace, security, political representation, land and property, education, urbanisation. Part I holds 150 dated entries, 30 of which are chronology entries such as states of emergency and homeland proclamations. The 120 is a floor, since at least 3 further Acts sit inside chronology entries without a headed entry of their own.
The keystone of that list is the Population Registration Act No 30 of 1950, which, in the Commission’s summary, “required people to be identified and registered from birth as belonging to one of four distinct racial groups.” It commenced on 7 July 1950.
Two Israeli texts sit opposite it. Section 4B of the Law of Return, inserted by the Knesset in 1970, reads in the English text the Knesset publishes: “For the purposes of this Law, ‘Jew’ means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.” The category is entered by descent or by conversion and closed by religious membership. The second text is Basic Law: Human Dignity and Liberty, which the Knesset publishes in an English translation it labels unofficial, current to 1 May 2022. Its complete text contains zero occurrences of “race,” “equal,” “discrimin,” “religion” or “nationality” (Knesset, 1992). That is a fact about the text, not about conduct: Israel’s equality rule is judge-made, and its leading statement is the Supreme Court judgment of 8 March 2000 read in a later section.
| Subject | South African instrument | Israeli text | Source |
|---|---|---|---|
| Classification | Act No 30 of 1950: “one of four distinct racial groups” | Law of Return s 4B (1970): maternal descent or conversion | Truth and Reconciliation Commission, 1998; Knesset, 1950, amended 1970 |
| Movement | Act No 67 of 1952: reference books “to all black persons” | COGAT instrument (2022): West Bank a “closed military area” | Truth and Reconciliation Commission, 1998; COGAT, 2022, a party’s own instrument |
| Residence and land | Group Areas Act No 41 of 1950 | HCJ 6698/95 (2000): allocation by discrimination not permitted | Truth and Reconciliation Commission, 1998; Israeli Supreme Court, 2000 |
Who has drawn the South Africa comparison, and since when?
Dugard and Reynolds (2013), in a peer-reviewed article in the European Journal of International Law, concluded that “there are indeed strong grounds to conclude that a system of apartheid has developed in the occupied Palestinian territory.” The comparison is made on the record by named legal scholars, by Israeli officeholders serving and former, and by the authors of a 2017 report for a UN regional commission.
The 2013 article is refereed legal argument, not measurement, read across the 1965 racial discrimination convention, the 1973 Apartheid Convention and the 1998 Rome Statute. Its lead author’s own footnote records him as Special Rapporteur on the occupied Palestinian territory from 2001 to 2008 and a judge ad hoc of the International Court of Justice, so he wrote on the mandate he had held. The same issue carried a peer-reviewed reply by Zilbershats (2013), arguing that the analysis conflates sovereign territory with belligerent occupation and sets aside the context of armed conflict.
Israeli officeholders, serving and former, have used the word since at least 1976, when Yitzhak Rabin, in an interview reported by the Times of Israel on 25 September 2015, said Israel could not hold “a million and a half [more] Arabs inside a Jewish state” over time “if we don’t want to get to apartheid.” Later uses divide by tense. Haaretz ran a column by former minister Yossi Sarid on 25 April 2008 titled “Yes, It Is Apartheid”; Tamir Pardo, director of Mossad from 2011 to 2016, said in an Associated Press interview carried by Haaretz on 6 September 2023, “There is an apartheid state here.” Ehud Barak in 2010 and Ami Ayalon in April 2026 spoke conditionally. Ehud Olmert’s 2007 Haaretz interview does not contain the word; a Boston Globe headline supplied it.
The most-circulated roster, Foster (2024), an advocacy compilation on Palestine Nexus, carries the title “15 Former Israeli Leaders Call it Apartheid” and names 14 entries. Read against the reporting each links, 6 apply the word to conditions at the time of speaking, 2 are conditional warnings, 3 quote words without “apartheid,” 1 is a journalist who held no office and 2 rest on unconfirmed provenance. That split is the Institute’s reading, not a count the page publishes.
In March 2017 a report by Richard Falk and Virginia Tilley for the UN Economic and Social Commission for Western Asia concluded that Israel had established “an apartheid regime”; it was withdrawn at the Secretary-General’s request, and Executive Secretary Rima Khalaf resigned on 17 March 2017 (Times of Israel, 2017). B’Tselem (January 2021), Human Rights Watch (April 2021) and Amnesty International (February 2022) each published reports applying the term on their own readings of the treaty definitions.
Did either state register its population by race?
South Africa did: the Population Registration Act No 30 of 1950, in the Truth and Reconciliation Commission’s 1998 summary, registered every person “from birth as belonging to one of four distinct racial groups.” Israel’s Population Registry Law, under a section the Knesset inserted in 1970, governs registration “as a Jew by ethnic affiliation or religion” and takes its definition from the Law of Return.
The Commission quotes the 1950 Act’s own definitions and calls them “truly bizarre”: “A White person is one who is in appearance obviously white … A Bantu is a person who is, or is generally accepted as, a member of any aboriginal race or tribe of Africa … a Coloured is a person who is not a white person or a Bantu.” The tests were appearance and general acceptance, and the categories were exhaustive: a residual group caught everyone the first two did not.
The Act was repealed by the Population Registration Act Repeal Act No 114 of 1991, which commenced on 28 June 1991. The repeal did not end the register at once. The Commission records that “the population register as compiled by the 1986 Identification Act was to remain in effect until the 1983 Republic of South Africa Constitution Act was repealed.”
Israel’s registry rule is section 3A of the Population Registry Law, inserted by the same 1970 amendment that added the definition to the Law of Return (Knesset, 1950, amended 1970). Subsection (a) reads: “A person shall not be registered as a Jew by ethnic affiliation or religion if a notification under this Law or another entry in the Registry or a public document indicates that he is not a Jew,” until that document is controverted “to the satisfaction of the Chief Registration Officer” or a competent court determines otherwise. Subsection (b) provides that “Jew” carries “the same meaning as in section 4B of the Law of Return,” for “any registration or document thereunder.” Subsection (c) leaves earlier registrations untouched.
The two rules are built differently. The South African Act assigned every person to one of four groups on appearance and acceptance. Section 3A governs entry to one category, keyed to maternal descent, conversion and religious membership, and it is framed as a bar on registering a person as a Jew against a contrary document, leaving the underlying question to a court. The 4B definition opens “For the purposes of this Law”; section 3A(b) is what carries it into the Registry.
Is there an Israeli counterpart to the homeland citizenship law?
South Africa’s Bantu Homelands Citizenship Act No 26 of 1970 “required all black persons to become citizens of a self-governing territorial authority,” the Truth and Reconciliation Commission recorded in 1998, giving assent on 26 March 1970 and its commencement date as “not found.” The 3 Israeli texts that address citizenship and entry work on a different axis: who may enter, and from where.
The Commission quotes the minister responsible, Connie Mulder: “No black person will eventually qualify in terms of section 10 because they will all be aliens, and as such, will only be able to occupy the houses bequeathed to them by their fathers, in the urban areas, by special permission of the Minister.” The statute followed the Promotion of Bantu Self-Government Act No 46 of 1959, which the Commission summarises as providing for reserves to become “fully fledged independent bantustans” and the “abolition of parliamentary representation for blacks.” 4 homelands were then declared independent: Transkei on 26 October 1976, Bophuthatswana on 6 December 1977, Venda on 13 September 1979 and Ciskei on 4 December 1981.
On the Israeli side, Basic Law: Human Dignity and Liberty, section 6, provides that “Every person is free to exit Israel” and that “Every Israeli citizen who is abroad is entitled to enter Israel” (Knesset, 1992). Section 4A of the Law of Return, inserted in 1970, extends the rights of a Jew under that Law to named relatives who need not be Jewish: “a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew” (Knesset, 1950, amended 1970).
The third text is COGAT’s permit instrument, current to 8 February 2022 and published by a party to the events. Its opening clause states that “under the Order Concerning Closed Areas (West Bank Area) (Amendment) (No. 34), 1967, the area of Judea and Samaria is a closed military area and not to be entered or exited without a permit issued on behalf of the military commander” (COGAT, 2022). The instrument governs movement of the Palestinian population of the area and says nothing about citizenship.
The South African statute reassigned the citizenship of people already inside the state. The Israeli texts allocate entry by citizenship, by descent and by military permit. Whether the closed area is analysed as inside or outside the state is the point on which Dugard and Reynolds (2013) and Zilbershats (2013) divide.
Did both systems require permits to move?
COGAT’s permit instrument, current to 8 February 2022 and published by a party to the events, set a standing quota of 74,300 permits for West Bank Palestinians in home construction in Israel. South Africa’s pass system rested on Act No 67 of 1952, which the Truth and Reconciliation Commission (1998) records as providing “for the issuing of reference books to all black persons in all provinces.”
The South African Act commenced on 11 July 1952 and was repealed by section 23 of the Identification Act No 72 of 1986, 34 years later. Its reach, in the Commission’s words, was every black person in every province: a document carried inside the country.
The COGAT instrument works at a border. It governs movement out of the West Bank into Israel, to Gaza and abroad, and is not a document about movement inside the West Bank. Every figure in it is a ceiling the restricting authority set for itself, not a permit issued and not a person who crossed. Beside the construction quota it set 12,500 for seasonal agriculture, 8,550 for industry and services and 6,650 for agriculture (COGAT, 2022). One category ran uncapped: employment in industrial zones and Israeli communities in the West Bank, approved outside the Seam Zone “from age 18 and up, with no quota and with no restriction regarding personal status.”
The issued quantity sits in a different document. The Civil Administration’s Employment Unit, in its own figure, recorded that “as of March 1, 2020, the number of valid work permits for Palestinian employees working in Israel stood at 87,000.” That is a party’s own count of permits held, from a date two years earlier than the quota edition, and it is not a sum of the quotas above.
The instrument is dated and superseded in practice. It predates the suspension of Palestinian work permits after 7 October 2023, and no later edition was located on gov.il on 10 September 2026. Its quotas also move by edition: the 2 August 2020 edition split construction into two rows, so its figures cannot be set against the 2022 row as a single series. A fuller reading of the permit instrument and its quota tables sits in a separate Institute report.
Did either state legislate where each group could live?
South Africa did: under the Group Areas Act No 41 of 1950, the Truth and Reconciliation Commission recorded in 1998, “it became compulsory for people to live in an area designated for their classification group.” Israel’s Supreme Court held on 8 March 2000, in HCJ 6698/95, that the State could not allocate state land for a communal settlement “on the basis of discrimination between Jews and non-Jews.”
The 1950 Act’s repeal was a consolidation, not an ending. The Commission records it repealed by the Group Areas Act No 77 of 1957, which was repealed by the Group Areas Act No 36 of 1966, which was repealed by the Abolition of Racially Based Land Measures Act No 108 of 1991, in force from 30 June 1991. That final Act also repealed “a total of 189 sections and acts that had supported racial discrimination in respect of land legislation.”
The Israeli case arose from a chain of allocation. The State, through the Israel Lands Administration, allocated land in the Eron valley to the Jewish Agency, which through a cooperative society established Katzir; the society admitted only Jews, and the petitioners were an Arab couple who asked to build a home there. The Court held, at paragraph 34, that “the State cannot escape its legal obligation to respect the principle of equality by using a third party that adopts a discriminatory policy,” and, at paragraph 31, that “there is, therefore, no contradiction between the values of the State of Israel as a Jewish and democratic state and between the absolute equality of all of its citizens” (Israeli Supreme Court, 2000).
The remedy was narrower than the declaration. The State was ordered to consider the couple’s request “on the basis of the principle of equality,” not to admit them, and the Court left open whether it “can” do so “within the framework of the law.” Justice Kedmi dissented only on whether the ruling reached past allocations, writing that he concurred with the President “regarding the position of the value of equality.”
An earlier judgment concerned land in the occupied territory. In HCJ 390/79, the Elon Moreh case, a 5 to 0 bench on 22 October 1979 annulled an order of possession as it applied to the petitioners’ plots, about 125 of some 700 dunams. Justice Landau held requisition of private land for a civilian settlement “potentially justified under Article 52 of the Hague Regulations” where military needs drove it, and found that a political decision had driven this one (Israeli Supreme Court, 1979).
Which Israeli family law applies by religious community?
The Knesset’s Rabbinical Courts Jurisdiction (Marriage and Divorce) Law of 1953 provides in section 2 that “Marriages and divorces of Jews shall be performed in Israel in accordance with Jewish religious law,” and in section 1 gives rabbinical courts “exclusive jurisdiction” over those matters. Its operative category is a religious community, named in every section and defined in none.
The two sections do different work. Section 1 is a forum rule: “Matters of marriage and divorce of Jews in Israel, being nationals or residents of the State, shall be under the exclusive jurisdiction of rabbinical courts.” Section 2 is the substantive rule, and it is the one that answers whether a civil marriage between Jews can be performed in Israel. Section 3 extends the courts’ reach, once a divorce suit is filed there, to “any matter connected with such suit, including maintenance for the wife and for the children.”
The Law carries an enforcement power. Section 6 allows a district court, on the application of the Attorney General and after 6 months from a rabbinical court’s final order, to “compel compliance with the order by imprisonment” where a spouse has been ordered to grant or accept a letter of divorce (Knesset, 1953).
The frame is older than the state. Section 9 gives rabbinical courts consent-based jurisdiction over matters of personal status “as specified in article 51 of the Palestine Orders in Council, 1922 to 1947,” the Mandate-era instrument on which the Law was built rather than replaced. The statute legislates nothing about Muslim, Christian or Druze personal status, whose courts sit under other instruments, and says nothing about marriages performed abroad. It leaves “Jew” undefined, and the Law of Return’s 4B definition does not reach it by its terms.
Set beside the Commission’s list, the contrast is in the category. The South African instruments in Part I sort people by race. This Law allocates a court and a body of law by religious community, on a structure inherited from the Mandate. The text read here is the Law as enacted in 1953; it has been amended since, and it carries no count of marriages, divorces or imprisonments.
| Section | Rule | Text as enacted, 1953 |
|---|---|---|
| 1 | Forum | Rabbinical courts hold “exclusive jurisdiction” over marriage and divorce of Jews |
| 2 | Substance | Marriage and divorce of Jews performed “in accordance with Jewish religious law” |
| 9 | Mandate frame | Consent jurisdiction under article 51, Palestine Orders in Council, 1922 to 1947 |
Source: Knesset, 1953, Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, text as enacted.
Does the comparison change between Israel and the occupied territories?
Dugard and Reynolds (2013) confine their apartheid conclusion to “the occupied Palestinian territory,” while Smooha (1997), drawing on a 1995 survey of 1,200 Arab citizens living inside the pre-1967 lines, classified Israel within those lines as an “ethnic democracy.” Yiftachel (2006) applies a third label, “ethnocracy,” to Israel/Palestine as a whole. Which label a named author reaches tracks the territory that author examined.
Smooha’s definition, in Israel Studies: “Ethnic democracy is a system that combines the extension of civil and political rights to individuals and some collective rights to minorities, with institutionalization of majority control over the state.” He set it apart from 3 other types: not liberal, because the state recognises ethnic difference; not consociational, because the state is not ethnically neutral and the minority holds neither autonomy nor shared power; and not Herrenvolk, because citizenship extends to all. His other cases were Northern Ireland from 1921 to 1972, Canada from 1867 to the 1960s, Poland from 1918 to 1935 and Malaysia since the early 1970s. In his 1995 sample, 35.3% of Arab respondents rejected Israel’s right to exist as a Jewish-Zionist state, and 6.8% denied its right to exist. The concept predates the article: Smooha’s own footnote 22 cites a 1993 critique by Yiftachel in Ethnic and Racial Studies.
Yiftachel’s book, published by the University of Pennsylvania Press, defines ethnocracy, in its publisher’s statement, as “a political regime that facilitates expansion and control by a dominant ethnicity in contested lands,” one “neither democratic nor authoritarian, with rights and capabilities depending primarily on ethnic origin and geographic location.” Within that framework he introduces his own term, “creeping apartheid,” for barriers he argues develop between groups. It is interpretive scholarship and his coinage, not a legal finding.
Dugard and Reynolds reach the group element relationally and with a hedge: international law’s reading of racial groups “appears sufficiently broad to understand Jewish Israelis and Palestinian Arabs as distinct groups,” because “the question of racial groups is a sociological rather than a biological one” (at 889). On the 1973 Convention’s “as practised in southern Africa” wording, they write that it “was not intended to be confined to those circumstances” (at 884). Zilbershats (2013) answers that the territorial frame is where the analysis errs.
| Framework | Territory examined | Source |
|---|---|---|
| “Ethnic democracy” | Israel inside the pre-1967 lines, excluding East Jerusalem | Smooha, 1997 |
| “Ethnocracy” | Israel/Palestine as a whole | Yiftachel, 2006 |
| Apartheid under international law | West Bank, East Jerusalem and Gaza | Dugard and Reynolds, 2013 |
Methodology and limitations
The report sets South Africa’s apartheid statute book against Israel’s enacted texts, court judgments and administrative instruments, instrument against instrument. South Africa’s side rests on one official record, the Truth and Reconciliation Commission’s 1998 enumeration in Volume One, Chapter 13. The 120 figure is the Institute’s count of headed entries naming an Act in Part I, read from the Commission’s PDF; the Commission prints no total, and at least 3 further Acts sit inside chronology entries. The Commission’s descriptions are its own summaries, drawn from the Race Relations Surveys, Dugard (1978) and Horrell (1978); the statute texts themselves were not read, so no operative wording is attributed to a South African Act except where the Commission quotes it.
Israel’s side rests on primary records. The Law of Return, the Rabbinical Courts Jurisdiction Law and the 1970 amendment are read from page scans of the English series Laws of the State of Israel hosted by the Knesset, marked neither official nor unofficial; the 1950 and 1953 pages are texts as enacted, not consolidated law, and the Hebrew governs. Basic Law: Human Dignity and Liberty is the Knesset’s unofficial English translation, current to 1 May 2022. The two judgments are read in the English texts of the Cardozo Israeli Supreme Court Project, both unofficial translations; the Elon Moreh translation misdates the judgment, which is cited here as 22 October 1979.
COGAT’s 2022 instrument and the Civil Administration’s 2020 permit figure are a party’s own published records. Quotas are ceilings, the edition predates October 2023, and no Israeli official body was found publishing a count of obstacles inside the West Bank.
The scholarship is legal argument and typology, not measurement, with one exception: Smooha’s 1995 survey, face-to-face interviews with 1,200 respondents per population inside the pre-1967 lines, excluding East Jerusalem. Its figures are 1995 figures and correlational. The roster split is the Institute’s reading of Foster (2024) against the press reporting each entry links, checked on 23 September 2026.
Conclusion
So does Israel’s record reproduce the image the word carries, the register sorting every child by race, the pass book, the neighbourhood assigned by statute? The instruments answer in two parts. The functions recur: a population registry with a defined category, a permit regime governing who may leave the West Bank, land allocation that reached the Supreme Court. The category does not: South Africa’s 1950 Act sorted every person into 4 racial groups on appearance, and Israel’s registry rule keys one category to maternal descent, conversion and religious membership.
The rest of the record is as specific. South Africa legislated residence by race through a Group Areas lineage that a 1991 Act ended alongside 189 further land provisions; Israel’s equality rule on state land came from a court in 2000, under a Basic Law that never uses the word “equal.” COGAT’s own 2022 instrument, a party’s published ceiling and not a count of crossings, set 74,300 construction permits at a border, where South Africa’s 1952 Act put a reference book in the hands of every black person inside the country. Israel’s marriage law divides by religious community on a Mandate frame. The named holders of the comparison, 6 of Foster’s 14 speaking in the present tense, write mostly about the territory occupied since 1967, and the scholarly labels shift with the line on the map.
The comparison is therefore two claims sharing one word: a claim about what a set of instruments do, and a claim about the category those instruments are built on. When a function matches and the category differs, which of the two is the word apartheid naming, and which territory is it being asked to describe?
Frequently Asked Questions
When did South African apartheid begin and end?
The US Department of State’s Office of the Historian dates the system from the National Party’s 1948 election to the 1994 transition to democratic government. The Truth and Reconciliation Commission’s enumeration runs from statutes of 1950 to repeal Acts of 1991, the year the Population Registration Act was repealed.
Did the Truth and Reconciliation Commission call apartheid a crime?
Yes. The Commission’s 1998 report “affirms its judgement that apartheid, as a system of enforced racial discrimination and separation, was a crime against humanity,” adding that this “should not be understood as a call for international criminal prosecution.” It is a statutory commission’s stated judgement, not a court’s finding.
Did repealing the land laws in 1991 end the homelands?
No. The Commission records that the Abolition of Racially Based Land Measures Act No 108 of 1991 “did not affect the legal status of the non-independent homelands, their geographical definitions or their administrative structures.” The homeland citizenship statute was repealed only by the 1993 interim Constitution.
Can non-Jews immigrate under Israel’s Law of Return?
Section 4A, inserted by the Knesset in 1970, extends the Law’s rights to a Jew’s child, grandchild and spouse, and to the spouses of a child and a grandchild. It excludes “a person who has been a Jew and has voluntarily changed his religion,” a clause that turns on the claimant’s own history.
Does Israel’s Basic Law override older statutes?
No. Section 10 of Basic Law: Human Dignity and Liberty provides that it “shall not affect the validity of any law that existed prior to the inception of the Basic Law.” Statutes enacted before 1992, including the 1950 Law of Return and the 1953 marriage law, sit outside its reach.
Does the 1973 Apartheid Convention apply only to southern Africa?
Its text defines apartheid by reference to policies “as practised in southern Africa.” Dugard and Reynolds (2013) read that wording as not intended “to be confined to those circumstances,” and Zilbershats (2013) disputes their application of it to occupied territory.
Did the Elon Moreh judgment decide the Geneva Convention question?
No. Justice Landau declined to discuss article 49(6) of the Fourth Geneva Convention because, as treaty law, “it is not binding law in an Israeli Court,” and Justice Witkon wrote that the transfer question “has yet to be resolved in international case law” (Israeli Supreme Court, 1979).
Sources
- Civil Administration, Employment Unit, 2020. Valid work permits for Palestinian employees, as of 1 March 2020. Government of Israel. https://www.gov.il/en/departments/units/employment_unit. Official record, a party’s own count.
- COGAT, 2022. Status of Authorizations for entry of Palestinians into Israel; for their passage from Judea and Samaria into the Gaza Strip; and for their departure abroad, updated to 08 February 2022. Coordination of Government Activities in the Territories, Israeli Ministry of Defense. https://www.gov.il/BlobFolder/policy/authorizationsforentry/en/Status%20of%20Authorizatios%2008.02.2022.pdf. Official record, a party’s own published instrument.
- Dugard, J. and Reynolds, J., 2013. Apartheid, International Law, and the Occupied Palestinian Territory. European Journal of International Law 24(3), 867 to 913. DOI 10.1093/ejil/cht045. Peer-reviewed.
- Foster, Z., 2024. 15 Former Israeli Leaders Call it Apartheid. Palestine Nexus, 18 August 2024. https://palestinenexus.com/articles/15-former-israeli-leaders-call-it-apartheid. Advocacy compilation.
- Israeli Supreme Court, 1979. HCJ 390/79 Dweikat v. Government of Israel (the Elon Moreh case), 22 October 1979. Cardozo Israeli Supreme Court Project. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Dweikat%20et%20al.%20v.%20State.pdf. Official record (court judgment, unofficial translation).
- Israeli Supreme Court, 2000. HCJ 6698/95 Ka’adan v. Israel Land Administration, 8 March 2000. Cardozo Israeli Supreme Court Project. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Ka’adan%20v.%20Israel%20Land%20Administration.pdf. Official record (court judgment, unofficial translation).
- Knesset, 1950, amended 1970. Law of Return, 5710-1950, and Law of Return (Amendment No. 2), 5730-1970. https://main.knesset.gov.il/EN/about/history/documents/kns1_return_eng.pdf and https://main.knesset.gov.il/EN/about/history/documents/kns7_return_eng.pdf. Official record (enacted legislation).
- Knesset, 1953. Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953. https://main.knesset.gov.il/EN/about/history/documents/kns2_rabbiniccourts_eng.pdf. Official record (enacted legislation).
- Knesset, 1992, amendments through 2022. Basic Law: Human Dignity and Liberty, 5752-1992. https://main.knesset.gov.il/EN/activity/documents/BasicLawsPDF/BasicLawLiberty.pdf. Official record (enacted legislation, unofficial translation).
- Smooha, S., 1997. Ethnic Democracy: Israel as an Archetype. Israel Studies 2(2), 198 to 241. Indiana University Press. jstor.org/stable/30246820. Peer-reviewed.
- Statements by former Israeli officeholders using “apartheid”, as reported, 2007 to 2026. Haaretz, Tablet, Times of Israel, TheJournal.ie, Associated Press and France 24, as dated in the text. Press reporting.
- Times of Israel, 2017. Head of UN body resigns as her group’s “apartheid Israel” report is withdrawn. 17 March 2017. Press reporting.
- Truth and Reconciliation Commission of South Africa, 1998. Report, Volume One, Chapter 13: Apartheid Legislation. South African Department of Justice and Constitutional Development. https://www.justice.gov.za/trc/report/finalreport/Volume%201.pdf. Official record.
- United States Department of State, Office of the Historian, 2023. The End of Apartheid. https://history.state.gov/milestones/1989-1992/apartheid. Official record.
- Yiftachel, O., 2006. Ethnocracy: Land and Identity Politics in Israel/Palestine. University of Pennsylvania Press. ISBN 9780812239270. Scholarly book.
- Zilbershats, Y., 2013. Apartheid, International Law, and the Occupied Palestinian Territory: A Reply to John Dugard and John Reynolds. European Journal of International Law 24(3), 915 to 928. DOI 10.1093/ejil/cht043. Peer-reviewed.
