This is a legal doctrinal inquiry into the claim that Israel’s policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim regarding the OPT (and beyond) has dramatically increased in the last years, the legal doctrinal side of the issue, especially regarding the elements of the apartheid crime, remains underexplored.
Kai Ambos