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No need for the A-word By Jonathan Berger Tags: Israel, South Africa  In "Don't Call it Apartheid" (Haaretz English edition, July 17), Tova Herzl takes issue with the use of the word "apartheid" to describe the situation in Israel. In particular, she implies that the recent South African human rights delegation to Jerusalem and the occupied West Bank - of which I was a member - indeed came to such a conclusion. As a group, we did no such thing. Instead, we sought to move beyond mere labels and focus on the manner and extent to which Israel is separating Palestinians and Israelis within the West Bank, the impact of the tools of separation on Palestinians in particular and the broader impact of the occupation on all. And in so doing, it was often impossible to avoid making comparisons with apartheid South Africa. Whether motivated by legitimate security considerations, fear, mistrust or sheer prejudice, the occupation's physical manifestations - including distinct identity cards, number plates and roads, as well as checkpoints, electronic fences and concrete walls - result in a degree of separation far in excess of what was achieved in South Africa. This separation speaks for itself, whether or not one categorizes it as apartheid. Advertisement As a human rights lawyer who believes in the rule of law, I was particularly troubled by the existence of two separate - and highly unequal - systems of law operating in the West Bank. To be fair, all conduct of the military commander is subject to review by the High Court of Justice. Yet jurisdiction in all other matters is personal, with Israeli settlers having access to a modern, rights-based legal system and Palestinians being subject to the authority of military courts. Under apartheid, the legal system was used as a central tool in enforcing an unequal system based solely on race. In the occupied West Bank, separate legal systems are integral to the differential treatment of persons based solely on nationality. It is one thing to apply Israeli law to all citizens and residents of Israel within its internationally recognized borders; it is quite another to apply that law to Israeli citizens who choose to settle unlawfully in occupied territory. Our deliberate focus on the occupation meant that we did not consider any particular "solution" to the conflict. As a group, we expressed no opinion on whether a future peace agreement should be based on a two-state solution, in accordance with international law; a single binational state; or some other hybrid or federal form. Instead, we agreed on the need for and the right of both Israelis and Palestinians to live in a democratic and secular state that enshrines civil, political and socio-economic rights for all who live within its boundaries. At no point did we seek to "delegitimize" Israel. Nor did we try to reduce the complexity of the Israeli-Palestinian conflict to a single concept, recognizing that no one needs to make use of the A-word to draw attention to the horror of the occupation. In particular, we recognized that the apartheid analogy provides Israel's unquestioning supporters with a convenient diversion. Instead of engaging the substantive issues, such as the legality of the settlements and the route and effect of the separation barrier, Herzl regretfully homes in on the red herring. Jonathan Berger is head of policy and research at the AIDS Law Project in South Africa. He writes widely on issues of health, human rights, social justice litigation strategy and the use and limits of law in social struggle. Bookmark to del.icio.us   Former top spy speaks Ex-Mossad chief Halevy says a strike on Iran would affect Israel for 100 years. Trying Hitler Did a light sentence in a Munich trial pave the way for Hitler's rise to power?   1.   Brilliant 20:48  |  John Conley 25/07/08

Read & React Obama to PM: Iran action legitimate only if talks fail Responses: 212 Report: Ex-Mossad chief says strike on Iran could 'affect us for 100 years' Responses: 218 Iran convoy attacked reportedly while taking arms to Hezbollah Responses: 170 Report: PA mulling unilateral declaration of statehood Responses: 185 Shin Bet head Diskin: Truce with Hamas unlikely to hold Responses: 103 More Headlines 00:29 Hamas accuses Mohammed Dahlan's group for carrying out deadly Gaza blast 14:33 Report: Ahmadinejad says Iran now has 6,000 centrifuges 01:05 Security sources: Israeli prisons are training grounds for Hamas terrorists 21:22 5 drown, including 12-year-old boy, in fatal weekend on Israel's beaches 19:23 Did outcome of early Hitler trial alter the course of history? 21:49 Friends, coworkers remember beloved teacher killed in car accident in India Saturday 07:27 Report: Ex-Mossad chief says strike on Iran could 'affect us for 100 years' 12:21 Lebanese factions clash in north for second day, as death toll rises to eight 01:52 Barak: Law enforcement system must be protected from Olmert's assaults 05:24 Report: PA mulling unilateral declaration of statehood 10:56 IDF commander: We must deal with settler 'provocateurs' Previous Editions Select Day 25 jul 24 jul 23 jul 22 jul 21 jul 20 jul 18 jul 17 jul 16 jul 15 jul 14 jul 13 jul

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