By Waad Abualrob, PhD student at the University of Westminster.

Introduction

This post aims to shed light on the intersection of environmental racism, human rights, and situations of occupation. It argues that the concept of “environmental racism”[1] can provide a more accurate understanding of the environmental challenges faced by the occupied population. Therefore, the concept of “environmental racism” is introduced in this post as a lens to analyse environmental injustice and discrimination in times of occupation.

The post examines how the establishment of illegal settlements and the neglect of wastewater treatment in the West Bank in the Occupied Palestinian Territories (OPT) as well as the construction of a separation wall and overexploitation of natural resources in Western Sahara may be qualified as environmental racism in conflict with several human rights. The analysis underscores the need for equitable and non-discriminatory access to clean environments and natural resources in occupied territories, as guaranteed by international human rights law instruments, and particularly after the adoption of an independent right to a clean, healthy and sustainable environment by the United Nations General Assembly in 2022.[2]

Environmental Racism and Its Causes

Environmental racism refers to the unequal distribution of environmental burdens and benefits, based on factors such as race, ethnicity, and socioeconomic status. It results in an unequal distribution of environmental burdens, such as pollution from industrial factories, treatment plants, and waste dump sites. This unfair distribution leads to disparities in air, water, and soil pollution, impacting the health and well-being of marginalised communities.[3] Environmental racism is primarily reinforced by government, legal, economic, political, and military institutions.[4]

International Legal Framework Covering the Situation of Environmental Racism in Times of Occupation

The international legal framework provides avenues for addressing environmental racism and human rights violations in situations of occupation represented mainly by the International Covenant on Economic, Social and Cultural Rights (ICESCR). According to Article 2(2) of ICESCR, the rights enshrined in the ICESCR should be exercised without discrimination of any kind, including in situations of occupation.[5] This includes the right of occupied peoples to enjoy their natural wealth, resources, and a safe, clean, healthy and sound environment without discrimination.[6]

Occupying powers have obligations under International Human Rights Law to ensure non-discrimination and equitable access to a safe and healthy environment. The United Nations General Assembly (UNGA) has recently taken a significant step by officially acknowledging the right to a clean, healthy, and sustainable environment as a fundamental human right.[7] This acknowledgement by the UNGA aligns with a resolution passed by the Human Rights Council (HRC) in 2021.[8] Furthermore, the 2022 UNGA resolution refers to the Framework Principles on Human Rights and the Environment adopted by the HRC in 2018, Framework Principle 3 of which provides that ‘States should prohibit discrimination and ensure equal and effective protection against discrimination in relation to the enjoyment of a safe, clean, healthy and sustainable environment’.[9]

Such obligations also derive from the provisions of the law of occupation, such as the obligations under Article 43 of the Hague Regulations of 1907 requiring occupying powers to ensure public order, civil life and welfare in occupied territory.[10] Furthermore, the Fourth Geneva Convention (GCIV) of 1949 includes obligations that can provide protection to the environment in occupied territory. For example, under Article 56 of the GCIV, the occupying power is responsible for preserving public health and hygiene in the occupied territory.[11] Consequently, any detrimental effect on human health due to environmental contamination by an occupying power must be regarded as a prohibited act in accordance with Article 56 of the GCIV.[12] Moreover, the Additional Protocol 1 to the Fourth Geneva Conventions considers the destruction of agricultural areas, crops, livestock, drinking water installations, and irrigation works prohibited acts.[13]

International Human Rights Law and International Humanitarian Law thus require States to ensure the protection and fulfilment of these rights and duties. This includes taking measures to prevent environmental degradation, providing equitable access to resources, and remedying the harm caused by discriminatory practices.

Case Study (1): The West Bank (OPT)

The situation in the West Bank serves as an example of environmental racism in occupied territory. Numerous illegal settlements that constitute a violation of international law, have been established in the West Bank.[14] These settlements, including industrial zones, buffer zones, and access roads[15] do not seem consistent with Article 49 of the GCIV which prohibits the transfer of the occupying power’s civilian population into occupied territory.[16]

Israeli settlements in the West Bank lack advanced regional wastewater treatment plants compared to those inside Israel.[17] For instance, in the Meitarim industrial area, untreated wastewater from factories, including harmful substances like used oils and detergents, flows directly into nearby valleys.[18] This untreated wastewater poses significant risks to human and animal health, water sources, agricultural lands, and overall ecological balance.[19]

The Israeli Ministry of Environmental Protection has taken minimal enforcement actions against polluting settlements, with only 53 measures taken between 2000 and September 2008, most of which were mere warnings. In contrast, the ministry took 230 enforcement measures against authorities within Israel in 2006 alone.[20] It may be argued that, the neglect in treating wastewater and the relocation of Israeli factories to the West Bank after their closure in Israel amount to environmental racism, as these actions harm the Palestinian environment and the right of Palestinian citizens to a safe, clean, healthy and sustainable environment while protecting Israeli areas and citizens.[21]

Impacts on Palestinian Rights

Palestinians in the West Bank face significant challenges in accessing their water sources due to discriminatory distribution, lack of infrastructure, and ineffective water management by the Israeli occupation. This has led to the depletion and pollution of water sources and exacerbated the chronic drinking water shortage in Palestinian communities.[22]

The failure to address wastewater treatment and the relocation of industrial settlements infringe upon the rights of Palestinians, including their right to water and sanitation derived from the right to health and the right to an adequate standard of living under the ICESCR.[23] The Committee on Economic, Social and Cultural Rights has held that States parties to the Covenant must ensure equitable and non-discriminatory access to safe and clean drinking water and sanitation.[24]

Case Study (2): Western Sahara

 Similarly, Morocco’s actions in occupied-Western Sahara can be considered an example of environmental racism in times of occupation. The Moroccan separation wall, known as the “berm” is the world’s longest military barrier, stretching over 1,600 miles along the disputed territories.[25] It separates Moroccan-occupied territory from the Polisario-controlled Free Zone, leaving Western Sahara in a severely contaminated state, particularly, by landmines and explosive remnants of war.[26] For instance, the east side of the berm which suffered the most, has reported a significant loss of livestock to mines, particularly in the buffer strip.[27] Therefore, it could be argued that the construction of the berm may result in the destruction of natural habitats and ecosystem in Western Sahara. Furthermore, the berm directly affects the occupied population’s right to self-determination and access to natural wealth and resources under the ICESCR.[28] Moreover, it raises issues with respect to several human rights, including the right to health, work, education, culture, and an adequate standard of living.[29]

Additionally, Moroccan military activities, including the mining of phosphates and the establishment of military bases, and illegal settlements have resulted in soil and water pollution, destruction of ecosystems, and the displacement of indigenous populations.[30] Furthermore, there are worries regarding the excessive exploitation of underground water resources due to the increasing number of Moroccan settlers who have migrated in large numbers to Western Sahara. This influx of settlers, numbering in the hundreds of thousands, has resulted in a scarcity of fresh water for the local Saharawi population, especially in close proximity to the main cities of ‘El Aauin’ and ‘Dakhla’.[31] Moreover, the occupying power is not taking any practical or legal measures to ensure water conservation in the territory of Western Sahara.[32] Bering that in mind, some have argued that Morocco is occupying Western Sahara only for a reason of exploitation and extraction of phosphates, fish, and other natural and mineral resources there.[33]

The toxic byproducts of phosphate extraction, such as heavy metals and chemical pollutants, contaminate water sources and pose a significant risk to human and ecological health. For example, the most populated city in occupied Western Sahara, which is called Smara, has no fresh water supply and most of its water is polluted.[34] In this connection, it is relevant to note that several freshwater wells in Western Sahara have been drained for business and commercial purposes by the occupying power, such as for phosphate extrication and other agricultural exploitation activities.[35]

The indigenous Sahrawi population, who rely on traditional nomadic livelihoods and agriculture, face significant challenges due to the environmental degradation caused by the occupation. Their access to grazing lands and water sources has been severely restricted, impacting their ability to sustain their traditional way of life. [36]

In this regard, it is possible to suggest that as the occupying power in Western Sahara, Morocco has a responsibility to utilize and harness the resources in a manner that prioritises the well-being and advantages of the population under occupation in accordance with the UNGA resolutions.[37] However, in the case of exploiting phosphates, fisheries, oil, farmlands, pastoral lands, and other resources in occupied Western Sahara, it has been argued that Morocco does not adhere to this principle.[38]

The Court of Justice of the European Union (CJEU) has considered this issue in relation to agreements on agriculture and fisheries between the European Union (EU) and Morocco.[39] The Court concluded that these agreements were fundamentally flawed because they fail to ensure the exploitation of Western Sahara’s natural resources in a way that benefits its inhabitants.[40] The EU has appealed the Court’s decision.[41] Nevertheless, the CJEU’s findings align with a growing body of legal principles concerning natural resources and the right to self-determination in territories under occupation.[42]

In both cases in the West Bank and Western Sahara, the presence of occupation has enabled the exploitation and extraction of natural resources, leading to environmental degradation. This unequal distribution of advantages and detrimental effects intensifies the experience of environmental racism in the occupied communities. The excessive utilisation of groundwater sources, pollution of water resources, and deterioration of agricultural lands pose considerable risks to the ecosystem and the well-being of the occupied population. Accordingly, it may be argued that the discriminatory acts committed by the occupiers in both territories are not compatible with a series of human rights and, in particular, the right to a safe, clean and healthy environment. Furthermore, such acts may also be envisaged as part of a wider policy of systematic discrimination amounting to the crime against humanity of apartheid as defined under the Rome Statute of the International Criminal Court.[43]

Conclusion

This post argued that the concept of environmental racism provides a valuable framework for comprehending the environmental difficulties in times of occupation. In the context of environmental racism, the occupying power shields its own citizens and territory from such perils while leaving the occupied territory and its inhabitants vulnerable to them. This can be clearly identified as an unjust and discriminatory allocation of environmental burdens, resulting in an inequitable distribution of air, water, and soil pollution. The instances of the Moroccan occupation of Western Sahara and the occupation of The West Bank in the OPT highlight the harmful consequences of occupation on the environment and may serve as illustrations of environmental racism departing from human rights standards during times of occupation. Consequently, it is crucial for the international community, international organisations, and civil society to acknowledge and monitor respect with the obligations of occupying powers under international law to ensure equality and non-discrimination in the enjoyment of environmental rights for all individuals. In particular, it is critical to promote environmental justice and accountability for environmental injustice to ensure a more sustainable and equitable future for all.

Credit Photo: Banksyblog

Bibliography

Allan J and Ojeda-García R, ‘Natural resource exploitation in Western Sahara: new research direction’s’ (2021) The Journal of North African Studies

Bullard R, ‘Environmental Justice in the 21st Century: Race Still Matters’, (2015), Phylon, Vol: 52, Issue: 1. Pp. 72-94

Drury M, ‘Global Futures and Government Towns: Phosphates and the Production of Western Sahara as a Space of Contention’ (2013) The Arab World Geographer, Vol: 16, Issue: 1. Pp. 101–124

European Parliament Research Service, ‘Water in the Israeli-Palestinian Conflict’, (January 2016)

General Comment No. 15: The Right to Water (Arts. 11 and 12 of the ICESCR), Adopted at the Twenty-ninth Session of the Committee on Economic, Social and Cultural Rights, on (20 January 2003), (Contained in Document E/C.12/2002/11)

Gila O, Zaratiegui A, and Die´guez V, ‘Western Sahara: Migration, Exile and Environment’ (2011) International Migration Journal, Vol: 49, Issue: s1. Pp. 146-163

Hareuveni E, ‘Foul Play: Neglect of Wastewater Treatment in the West Bank’, (B’Tselem 2009)

Hulme K, ‘Enhancing Environmental Protection During Occupation Through Human Rights’, (2020) Goettingen Journal of International Law, Vol:10, Issue: 1, pp.203-241

Isaac J and Ghanyem M, ‘Environmental Degradation and the Israeli – Palestinian Conflict’, (Applied Research Institute (ARIJ) – Jerusalem 2003)

Kamal F, ‘The role of natural resources in the building of an independent Western Sahara’ (2015), Global Change, Peace & Security, Vol:27, Issue: 3. Pp. 345-359

Lein Y, ‘Land Grab: Israel’s Settlement Policy in the West Bank’, (B’Tselem 2002)

Mundy J, ‘Moroccan Settlers in Western Sahara: Colonists or Fifth Column? The Arab World Geographer’ (2012) Vol:15, Issue: 2. Pp. 95–126

Report on the Kingdom of Morocco’s Violations of the International Covenant on Economic Social and Cultural Rights in the Western Sahara, (August 2015)

Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (A/HRC/40/73), (30 May 2019)

Rome Statute of the International Criminal Court, (adopted on 17 July 1998), (in force on 1 July 2002)

Shelley T, ‘Natural resources and the Western Sahara’, in Pedro Pinto Leite and others., ‘The Western Sahara conflict: The Role of Natural Resources in Decolonization’ (2006), Current African Issues No.33

Smith J, ‘The taking of the Sahara: the role of natural resources in the continuing occupation of Western Sahara’ (2015) Global Change, Peace & Security, Vol:27, Issue: 3. Pp. 263-284

Suárez-Collado Á & Contini D, ‘The European Court of Justice on the EU-Morocco agricultural and fisheries agreements: an analysis of the legal proceedings and consequences for the actors involved’ (2021) The Journal of North African Studies

The Hague Regulations 1907

The Additional Protocol 1 to the Fourth Geneva Conventions 1949 of 1977

The Court of Justice of the European Union, Council of the European Union V. (Front Polisario), (C-104/16 P), (21 December 2016)

The Court of Justice of the European Union, Judgment of the General Court (Eighth Chamber), Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario) v. Council of the European Union, (Case T-512/12), (10/December/2015)

The Court of Justice of the European Union, The Queen, on the application of: Western Sahara Campaign UK v. Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs, (C-266/16), (27 February 2018)

The United Nations: General Assembly, Human Rights Council, ‘Human rights situation in Palestine and other occupied Arab territories: ‘Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan’. (A/HRC/34/39), (16/March/2017)

The United Nations: General Assembly, International Covenant on Economic, Social and Cultural Rights (ICESCR), (adopted 16/ Dec/1966), (in force: 03/January/1976)

The United Nations General Assembly, ‘The human right to a clean, healthy and sustainable environment’, (A/76/L.75), (26 July 2022). Seventy-sixth session, Agenda item 74 (b)

The United Nations: Office of the United Nations High Commissioner for Human Rights, ‘Mapping Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment: Individual Report on the International Covenant on Economic, Social and Cultural Rights’, Report No.1, (December 2013)

The United Nations: Security Council, ‘Report of the Secretary-General on the situation concerning Western Sahara’, (10 April 2014), (S/2014/258)

The United Nations General Assembly, Human Rights Council, ‘The human right to a safe, clean, healthy and sustainable environment’, (A/HRC/48/L.23/Rev.1), (5 October 2021)

The United Nations: Human Rights Council, ‘Framework Principles on Human Rights and the Environment’ (2018)

The United Nations: General Assembly, ‘Activities of foreign economic and other interests which impede the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Territories under colonial domination’, (A/RES/48/46), (22 March 1994)

The United Nations: General Assembly, ‘Activities of foreign economic and other interests which impede the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Territories under colonial domination’, (A/RES/49/40), (30 January 1994)

WSRW, “The tomato barons of the occupied Western Sahara”: “Who benefits from the booming agricultural industry in occupied Western Sahara? Surely not the Saharawis”. (19 June 2012). Available online at: < https://wsrw.org/en/archive/2312>

Zunes S, Mundy J, Western Sahara: War, Nationalism, and Conflict Irresolution (2nd edn, Syracuse University Press 2010)

[1] “Environmental racism refers to any policy, practice, or directive that differentially affects or disadvantages (whether intended or unintended) individuals, groups, or communities based on race or color”. For more about the Environmental Racism, see: Robert D. Bullard, ‘Environmental Justice in the 21st Century: Race Still Matters’ (2015), Phylon, Vol: 52, Issue: 1. Pp. 72-94. At: 82.

[2] The United Nations General Assembly, ‘The human right to a clean, healthy and sustainable environment’, (A/76/L.75), (26 July 2022). Seventy-sixth session, Agenda item 74 (b).

[3] Robert D. Bullard, ‘Environmental Justice in the 21st Century: Race Still Matters’ (2015), Phylon, Vol: 52, Issue: 1. Pp. 72-94. At: 82.

[4] Ibid.,

[5] The United Nations: General Assembly, International Covenant on Economic, Social and Cultural Rights (ICESCR), (adopted 16/ Dec/1966), (in force: 03/January/1976). Article 2(2). Article 2(1) of the ICCPR emphasised also on the same content as article 2(2) of the ICESCR.

[6] Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. (A/HRC/40/73), (30 May 2019). Paras: 27,35,38.

[7] The United Nations General Assembly, ‘The human right to a clean, healthy and sustainable environment’, (A/76/L.75), (26 July 2022). Seventy-sixth session, Agenda item 74 (b).

[8] United Nations General Assembly, Human Rights Council, ‘The human right to a safe, clean, healthy and sustainable environment’, (A/HRC/48/L.23/Rev.1), (5 October 2021).

[9] The United Nations: Human Rights Council, ‘Framework Principles on Human Rights and the Environment’ (2018). Framework Principle 3.

[10] The Hague Regulations 1907. Article 43.

[11] The Fourth Geneva Convention 1949. Article 56.

[12] Karen Hulme, ‘Enhancing Environmental Protection During Occupation Through Human Rights’, (2020) Goettingen Journal of International Law, Vol:10, Issue: 1, pp.203-241. At: 210-211.

[13] The Additional Protocol 1 to the Fourth Geneva Conventions 1949 of 1977. Articles: 48, 54(2), and 57(2)(a)(ii).

[14] Yehezkel Lein, ‘Land Grab: Israel’s Settlement Policy in the West Bank’, (B’Tselem 2002) 37.

[15] The United Nations: General Assembly, Human Rights Council, ‘Human rights situation in Palestine and other occupied Arab territories: ‘Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan’. (A/HRC/34/39), (16/March/2017). Para 16.

[16] The Fourth Geneva Convention 1949, Article 49, provided that, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”.

[17] Eyal Hareuveni, ‘Foul Play: Neglect of Wastewater Treatment in the West Bank’, (B’Tselem 2009). 11.

[18] Ibid., 12.

[19] Ibid., 5.

[20] Ibid., 12.

[21] Jad Isaac and Mohammad Ghanyem, ‘Environmental Degradation and the Israeli – Palestinian Conflict’, (Applied Research Institute (ARIJ) – Jerusalem 2003). 15, 22-24.

[22] European Parliament Research Service, ‘Water in the Israeli-Palestinian Conflict’, (January 2016).  Pp.3. See also, ‘Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967’. (A/HRC/40/73), (30 May 2019). Para 43.

[23] The United Nations: Office of the United Nations High Commissioner for Human Rights, ‘Mapping Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment: Individual Report on the International Covenant on Economic, Social and Cultural Rights’, Report No.1, (December 2013). Paras 12, 16.

[24] General Comment No. 15: The Right to Water (Arts. 11 and 12 of the ICESCR), Adopted at the Twenty-ninth Session of the Committee on Economic, Social and Cultural Rights, on (20 January 2003), (Contained in Document E/C.12/2002/11). Paras 8, 37.

[25] Stephen Zunes and Jacob Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution (2nd edn, Syracuse University Press 2010) 21-23. See also, The United Nations: Security Council, ‘Report of the Secretary-General on the situation concerning Western Sahara’, (10 April 2014), (S/2014/258). Para 43.

[26] The United Nations: Security Council, ‘Report of the Secretary-General on the situation concerning Western Sahara’, (10 April 2014), (S/2014/258). Paras 1-2, 43.

[27] Ibid., Para 43.

[28] Report on the Kingdom of Morocco’s Violations of the International Covenant on Economic Social and Cultural Rights in the Western Sahara, (August 2015). At:11, 14, 26.

[29] Ibid., 11-12.

[30] Report on the Kingdom of Morocco’s Violations of the International Covenant on Economic Social and Cultural Rights in the Western Sahara, (August 2015). At: 15. See also: WSRW, “The tomato barons of the occupied Western Sahara”: “Who benefits from the booming agricultural industry in occupied Western Sahara? Surely not the Saharawis”. (19 June 2012). Available online at: < https://wsrw.org/en/archive/2312>. See also, Jacob Mundy, ‘Moroccan Settlers in Western Sahara: Colonists or Fifth Column? The Arab World Geographer’ (2012) Vol:15, Issue: 2. Pp. 95–126. At: 99-112.

[31] Fadel Kamal, ‘The role of natural resources in the building of an independent Western Sahara’, (2015), Global Change, Peace & Security, Vol:27, Issue: 3, pp. 345-359. At: 349. See also, Jacob Mundy, ‘Moroccan Settlers in Western Sahara: Colonists or Fifth Column? The Arab World Geographer’ (2012) Vol:15, Issue: 2. Pp. 95–126. At: 96, 99-112.

[32] Fadel Kamal, ‘The role of natural resources in the building of an independent Western Sahara’ (2015) Global Change, Peace & Security, Vol:27, Issue: 3. Pp. 345-359. At: 349. See also, Jeffrey J. Smith, ‘The taking of the Sahara: the role of natural resources in the continuing occupation of Western Sahara’ (2015) Global Change, Peace & Security, Vol:27, Issue: 3. Pp. 263-284. At:281.

[33] See: Mark Drury, ‘Global Futures and Government Towns: Phosphates and the Production of Western Sahara as a Space of Contention’ (2013) The Arab World Geographer, Vol: 16, Issue: 1. Pp. 101–124. See also, Toby Shelley, ‘Natural resources and the Western Sahara’, in Pedro Pinto Leite and others., ‘The Western Sahara conflict: The Role of Natural Resources in Decolonization’ (2006), Current African Issues No. 33. At:17.

[34] Oscar Alvarez Gila, Ana Ugalde Zaratiegui, and Virginia Lo´pez De Maturana Die´guez, ‘Western Sahara: Migration, Exile and Environment’ (2011) International Migration Journal, Vol: 49, Issue: s1. Pp. 146-163. At: 147-149, 154. 

[35] Joanna Allan and Raquel Ojeda-García, ‘Natural resource exploitation in Western Sahara: new research direction’s’ (2021) The Journal of North African Studies. At: 23.

[36] Report on the Kingdom of Morocco’s Violations of the International Covenant on Economic Social and Cultural Rights in the Western Sahara, (August 2015). At: 11-15.

[37] See for example, The United Nations: General Assembly, ‘Activities of foreign economic and other interests which impede the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Territories under colonial domination’, (A/RES/48/46), (22 March 1994). Paras 1-2; The United Nations: General Assembly, ‘Activities of foreign economic and other interests which impede the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Territories under colonial domination’, (A/RES/49/40), (30 January 1994). Paras 1-2.

[38] Report on the Kingdom of Morocco’s Violations of the International Covenant on Economic Social and Cultural Rights in the Western Sahara, (August 2015). At:14.

[39] The Court of Justice of the European Union, Judgment of the General Court (Eighth Chamber), Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario) v. Council of the European Union, (Case T-512/12), (10/December/2015).

[40] Ibid., Para 239.

[41] The Court of Justice of the European Union, Council of the European Union V. (Front Polisario), (C-104/16 P), (21 December 2016).

[42] The Court of Justice of the European Union, The Queen, on the application of: Western Sahara Campaign UK v. Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs, (C-266/16), (27 February 2018). Paras, 19,62-63,72-73. For more information about the issue and the cases before the CJEU, see: Ángela Suárez-Collado & Davide Contini, ‘The European Court of Justice on the EU-Morocco agricultural and fisheries agreements: an analysis of the legal proceedings and consequences for the actors involved’ (2021) The Journal of North African Studies.

[43] Rome Statute of the International Criminal Court, (adopted on 17 July 1998), (in force on 1 July 2002). Article 7(1)(j). See UN Press release, ‘Israel’s 55-year occupation of Palestinian Territory is apartheid – UN human rights expert’ (25 March 2022); Human Rights Watch, ‘A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution’ (April 2021);  Yehezkel Lein, ‘Land Grab: Israel’s Settlement Policy in the West Bank’, (B’Tselem 2002) 133.