Palestinian Prisoners in Israel versus Namibian Prisoners under the Apartheid: A Potential Role for the International Criminal Court

Abstract

This article compares the status of Palestinian prisoners in Israeli jails with the experiences of Namibian prisoners during apartheid South Africa. The situations in South Africa and Israel have much in common: both adopted dual systems for different racial groups contrary to international law. The difference was in the reaction of the international community. Superpowers were willing to intervene in the Namibia question; if that had not been the case, the situation in Namibia would have probably remained unchanged. States should take meaningful action in addition to talking forums and impose sanctions against Israelis suspected of committing crimes. The Palestinians too should utilise measures available in international law and other diplomatic channels. The recent accession of Palestine to the International Criminal Court might offer a breakthrough in dealing with the regime of apartheid enforced by Israeli occupation authorities, including the crimes against Palestinian prisoners in Israel. Yet this step requires much technical preparation.