Dual system of law = Apartheid
![]() | By rushkin
December 23, 2011 | Share |
Dual system of law
Although settlers in the Occupied Territories live in an area that is subject to military rule, and despite the fact that the settlements have not been formally annexed, Israel has applied a substantial part of Israeli law to the settlers. As a result, Israeli civilians living in the Occupied Territories are not subject to military or local law, as are the Palestinians, but are prosecuted according to the Israeli penal law.
The Emergency Regulations (Offenses in the Occupied Territories – Jurisdiction and Legal Assistance), 5727-1967, enacted by the Minister of Defense in July 1967, provided that Israeli civilians who have committed offenses in the Occupied Territories can be tried also in Israeli civil courts. This created extra-territorial personal status for Israeli civilians in the Occupied Territories. Since then, the Knesset has regularly extended these regulations.
Being subject to the Israeli judicial system, settlers enjoy liberties and legal guarantees that are denied Palestinian defendants in the Occupied Territories charged with the same offense. The authority to arrest an individual, the maximum period of detention before being brought before a judge, the right to meet with an attorney, the protections available to defendants at trial, the maximum punishment allowed by law, and the release of prisoners before completion of their sentence – all of these differ greatly in the two systems of law, with the Israeli system providing the suspect and defendant with many more protections.
Thus, different legal systems are applied to two populations residing in the same area, and the nationality of the individual determines the system and court in which he or she is tried. This situation violates the principle of equality before the law, especially given the disparity between the two systems. It also violates the principle of territoriality, conventional in modern legal approaches, according to which a single system of law must apply to all persons living in the same territory.
All persons suspected of committing an offense in the Occupied Territories must stand trial according to the same judicial system and the same laws, irrespective of their ethnic identity. The application of Israeli criminal law solely to Israeli civilians and non-Israeli Jews must be abolished. In accordance with international law, as long as Israel continues to control these territories, military justice and local law must apply to everyone who breaks the law in the Occupied Territories, while protecting human rights.
COMMENTS
Fri, 12/23/2011 - 17:51 Rate this: 0 points | No not everything but dual legal systems are. Seperate development geddit ? |
Mon, 12/26/2011 - 10:47 Rate this: 0 points | This is post is behind the times see: http://www.nytimes.com/2011/12/15/world/middleeast/netanyahu-sets-new-cu... So PPJ your point now is? |
Mon, 12/26/2011 - 12:07 Rate this: 0 points | Jose, can I borrow your brain? I'm building an idiot. |
Mon, 12/26/2011 - 12:12 Rate this: 0 points | As I said intelligence was never your strong suit - post your nonsense and call me another poster with whom I have no connection whatsoever all day long for all I care, it reflects adversely on you not me. In the meantime my comment still stands. |
Tue, 12/27/2011 - 13:57 Rate this: 0 points |
rrz, you should be pleased by that article, since it seems that netanyahu has heard rushkin's cry, and has eliminated the very discrimination (the seprate legal systems) his blog is complaining about!
apartheid is a system, not just one item saying "if there are separate judicial systems, that must be apartheid" is as wrong as "if there are elections, that must be democracy"! apartheid was a mixture of things … separate land areas (with the best land for the whites) … separate hospitals and doctors and nurses (with the best-equipped or best-trained for the whites) … pass-laws criminalising the non-carrying of identity cards … an economic system in which one race relied on the work of another race … etc
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Tue, 12/27/2011 - 16:09 Rate this: 0 points | How thick is my sugar coat. First of all, these sanctions and powers have not been extended to the growing number of Jewish extremists/terrorists. Bibi has merely talked of them being so. Get Mr. Sarkozy on the phone. Secondly, what is in effect Marshall law, would apply only to Jews engaging in neo-terrorist activities. The jurisdiction of the military extends to EVERY Palestinian in the West Bank. Thirdly, "apartheid" is a concept. Not my concept, or your concept, but THE concept. Literally, "separate development" in order for a state of affairs to be legitimately described as an apartheid system, it does not exactly have to fit the South African model. |
Tue, 12/27/2011 - 17:22 Rate this: 0 points | So according to you for example separate faith schools in the UK are a manifestation of apartheid. However you are completely wrong Apartheid is not a concept which you can change to suit your agenda it has been legally defined. The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime." It is therefore impossible for the crime of apartheid to apply in the context of the Arab/Israeli conflict or Jewish presence in Judea and Samaria. Perhaps you would like to define the difference in race between an Arab and a Jew who were both born say in Tusinia. |
Tue, 12/27/2011 - 17:42 Rate this: 0 points | Fits the situation in the west bank perfectly |
Tue, 12/27/2011 - 17:49 Rate this: 0 points | One is an Arab and the other is a Jew. Dear God. |
Tue, 12/27/2011 - 18:05 Rate this: 0 points | Goldfish can you name me a country in which there are separate judicial systems for different ethnic groups and this state of affairs is not part of a a wider system of separate development ? |
Tue, 12/27/2011 - 18:47 Rate this: 0 points |
uhh? is there apartheid in Nigeria? |
Tue, 12/27/2011 - 19:01 Rate this: 0 points | I don't know enough about Nigeria to answer your question. However, in the West Bank, the separate development is sufficiently systematic and pervasive to merit the use of the word apartheid. Separate legal systems, separate roads, separate buses, separate treatments at check points, different standards of proof, etc., etc., etc. |
Wed, 12/28/2011 - 12:19 Rate this: 0 points |
oh great! you ask for examples, but any example i give, you'll say you don't know enough about it you (wrongly) call "apartheid" something about israel which in any other country you wouldn't call "apartheid" (or, apparently, even be bothered about) …
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Wed, 12/28/2011 - 12:35 Rate this: 0 points | I saw no more than one example given that RRZ didn't know much about, and he had the courage to say so. Were there others? You minimize the issues cited because Israel is involved yet would you do the same if it was going on in another country? |
Wed, 12/28/2011 - 13:50 Rate this: 0 points |
(i) i only need one example to disprove the "equation" in the blog-title!
goldie, thankyou for having the courage to put your head over the parapet and come to help rrz do you accept that nigeria (in some states) has separate criminal courts for muslims and non-muslims?
uhh? whatever are you referring to? |
Wed, 12/28/2011 - 14:39 Rate this: 0 points | RRZ or should I say PPJ you obviously have no clue - a Jew does not belong to a separate race from an Arab both belong to the semitic race. The term Semite means a member of any of various ancient and modern Semitic-speaking peoples originating in southwestern Asia, including; Akkadians (Assyrians and Babylonians), Eblaites, Ugarites, Canaanites, Phoenicians (including Carthaginians), Hebrews (Israelites, Judeans and Samaritans), Ahlamu, Arameans, Chaldeans, Amorites, Moabites, Edomites, Hyksos, Arabs, Nabateans, Maganites, Shebans, Sutu, Ubarites, Dilmunites, Maltese, Mandeans, Sabians, Syriacs and Ethiopian Semites. Hence for this reason among many others Israel is not committing the crime of apartheid. Goldfish good luck arguing with Goldie G Tobin. |
Wed, 12/28/2011 - 14:52 Rate this: 0 points | " rrz will say " You have a crystal ball? "(and presumably can't be bothered to find out)" Presumably: adverb it would seem, probably, likely, apparently, most likely, seemingly, doubtless, on the face of it, in all probability, in all likelihood, doubtlessly. You know this how? Another crystal ball? "do you accept that nigeria (in some states) has separate criminal courts for muslims and non-muslims?" You say it does. "and, do you think there is apartheid in nigeria?" Of course I do, if in fact, it's true. |
Wed, 12/28/2011 - 14:57 Rate this: 0 points | No in Nigeria there is not apartheid the inhabitants of Nigeria are in the main all of one race - there is however religious intolerance . |
Wed, 12/28/2011 - 16:03 Rate this: 0 points |
oh that's ridiculous (and, incidentally, when you were a london solicitor, you knew perfectly well that uk law regarded them as such) pretending that israel by definition can't commit racial discrimination, or apartheid, or genocide, against arabs because they're the same race is the sort of arguemt that give the pro-israel cause a bad name
well, he did last time
ok, let me change that to: it would seem that he can't be bothered to find out (this is based on … hmm, let's see on the fact that he hasn't bothered to find out!! |
Wed, 12/28/2011 - 16:42 Rate this: 0 points | Goldfish there is no Jewish race there is a Jewish people and a Jewish religion I suggest you check this. Only the Nazis specified there being a Jewish race. There are Jews from any of the three different races so there are Caucasian Jews, Asian Jews, and Black Jews There are also many Jewish converts from many different races. In this instance I regret you are wrong. |
Wed, 12/28/2011 - 17:59 Rate this: 0 points |
ok, i have made a quick check, and i've found that the adl (see "Israel and Apartheid: The Big Lie", 29/8/05, at http://www.adl.org/Israel/apartheid/apartheid_analogy.asp ) and even Judge Goldstone (see "Israel and the Apartheid Slander", 31/10/11, at http://www.nytimes.com/2011/11/01/opinion/israel-and-the-apartheid-sland... ) both manage to defend israel against the apartheid slander without ever bothering to claim that jews (or arabs )aren't a racial group
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Wed, 12/28/2011 - 18:11 Rate this: 0 points | I did not make the argument RRZ did - he said Israel is practising apartheid and see his comment at 16:49 on 27 December - there is no racial difference between a Jew or an Arab born in Tunisia however one belongs to the Arab nation and one to the Jewish nation. Apartheid is defined as "inhumane acts of a character similar to other crimes against humanity committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups. I was trying to show that his claim is fallacious - excuse me for breathing! |
Wed, 12/28/2011 - 18:46 Rate this: 0 points | Apartheid is now a legally defined term
Obviously because you have been proven wrong you reject the evidence that proves you wrong - that concept pervades your postings on this website when faced with the truth you dodge and wriggle. Your reasoning is fallacious and your argument that Israel is committing apartheid is wrong. |
Wed, 12/28/2011 - 18:47 Rate this: 0 points | Apartheid is a concept. Not my concept or your concept or the ADL's (koff) concept or Judge Goldstone's concept but THE concept. When we use the word, we in effect judge whether the thing or state of affairs in question, satisfies a weighted majority of the characteristics we normally associate with the concept. In respect to the concept of apartheid, discriminatory legal systems, because they pervade virtually every other aspect of life, carry considerable, though not necessarily conclusive weight. It is impossible for me to say whether users of the word in general would use the it in connection with Nigeria. All that I know at present is that there is a dual legal system. and you are correct in assuming that I cannot be bothered to find out more. There are a great many things that I want to find out more about and Nigeria is so far down the list I doubt I will ever get to it. In the West Bank, the discriminatory legal systems are so grotesquely extreme, to the extent that there are even different definitions of childhood. On the one hand, Jews are subject to Israeli civil law and non Jews, to brutal military dictatorship. And that's before we even get to the rest eg: Jew only roads, Jew only buses, discriminatory check point treatment reminiscent of South African pass laws, separate areas reminiscent of the Group Areas Act. In the light of all this, I am confident that the man on the Clapham omnibus would be inclined to calling this apartheid and when he comes to the meaning of words, this man is God, not the ADL, not Judge Goldstone, and not Happy Goldfish. In any event, it is what it is. If you don't like the word, choose another, but it will still be what it is. |
Wed, 12/28/2011 - 18:54 Rate this: 0 points | Apartheid is now a legally defined term
Obviously because you have been proven wrong you reject the evidence that proves you wrong - that concept pervades your postings on this website when faced with the truth you dodge and wriggle. Your reasoning is fallacious and your argument that Israel is committing apartheid is wrong. |
Wed, 12/28/2011 - 19:15 Rate this: 0 points | "and non Jews, to brutal military dictatorship" - I suppose if you are going to tell a lie make it a big one! Obviously RRZ has not heard that the the Palestinians administer their own judicial system in Judea and Samaria - he can read all about it right here. http://www.palst-jp.com/eg/pdf/inv/02/The_Palestinian_Judicial_System.pd... |
Thu, 12/29/2011 - 11:21 Rate this: 0 points | Lol Where was this Palestinian judicial system when Mustafa Tamimi needed it. |
Thu, 12/29/2011 - 13:03 Rate this: 0 points |
yes, but it's wider than that (see http://www.preventgenocide.org/genocide/officialtext-printerfriendly.htm ) …
(and of course, until 2005, israeli identity cards actually included racial identity, usually jewish arab druze or circassian … see http://en.wikipedia.org/wiki/Teudat_Zehut#Question_of_ethnicity )
the palestinian judicial system is a work in progress, see http://jurist.law.pitt.edu/world/palest.htm#Courts …
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one obvious example is Nigeria, where (in some states) muslims and non-muslims are dealt with in separate criminal courts
(and presumably can't be bothered to find out)
…
… 
happygoldfish
Fri, 12/23/2011 - 17:19
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that text is from b'tselem, at http://www.btselem.org/settler_violence/dual_legal_system
but b'tselem don't call it apartheid (as in your blog-title "Dual system of law = Apartheid")
not everything you don't like about israel is apartheid!
(btw, b'tselem has used "apartheid", when referring to the "forbidden road regime", see eg http://www.btselem.org/download/200408_forbidden_roads_eng.pdf)