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by ayah sadieh

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INTRODUCTION:
For this case study, I have chosen to explore the Israeli legal system's ongoing
oppression of the Palestinian population through the policy of Hafrada in the
West Bank, focusing on identity politics through nationalism and
intersectionality. My interest in this topic derives from the fact that I hold a
Jordanian nationality with an Arab identity, and my parents were refugees from
Jaffa and Tulkarm, which are both Palestinian cities. Additionally, I define
myself as a post-colonialist and anti-imperialist, and I aim to challenge
political beliefs and biases like ethnocracy and colonialism.
This study explores the policies of the Israeli government, including Hafrada
and ethnonationalism for self-determination, and uses the intersectionality
lens to point out the relationships that prevail between human rights, power,
and ethnic inequality in an ethnocratic state. The theory of intersectionality,
based on law professor Kimberlé Williams Crenshaw's ideas, explains how
identity factors like race, religion, ethnicity, and socioeconomic status
contribute to discrimination and oppression. Crenshaw argues that traditional
activism often fails to address the experiences of marginalized communities
because their rights are often overlooked by the majority.
Palestinians, often stereotyped as entirely Muslims, face unique challenges
due to their Arab ethnicity and assumed religious affiliation. This intersection
of these aspects of identity intensifies systemic marginalization, reflecting
their distinct qualities and beliefs. The concept of identity, which refers to the
"qualities, characteristics, and beliefs that make a person or group different
from others," as stated by the Encyclopedia Britannica, is relevant in this issue.

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Palestinians are categorized and labeled based on their identity, leading to

different treatment from others in the region.
Israelis and Palestinians are two main populations in occupied Palestinian
territories and Israel, with Israelis mainly being Jews with their legal system
and government and Palestinians being Arabs, the marginalized community.
The Israeli Knesset's legal system policies often result in unjust treatment and
oppression of Palestinians due to ethnocracy, prioritizing the rights of
Sephardic, Ashkenazi, and Mizrahi Jews over Palestinian Arabs.
Take Hafrada, which means in Hebrew "separation." It is an Israeli policy of
segregation that has increased barriers and checkpoints. A report by Maschom
Watch reveals that there are 59 internal and 39 entry-to-Israel checkpoints
where hundreds of thousands of Palestinians have to pass daily for work or
children for school. Supporters of this policy justify that such sovereignty over
Palestinian territories was carried out as a security measure to avoid attacks
and protect Israeli citizens from potential threats.
The issue has an international dimension, as it has received widespread
condemnation from the international community due to the liberalist
viewpoints on the issue, including human rights NGOs like Amnesty
International and many countries like Turkey and Sweden, according to
Britannica. That is because these critics argue that the restrictions imposed on
Palestinians violate their basic human rights and hinder their freedom of
movement. On top of that, they argue that the Israeli government should look
into alternative approaches to guarantee security. The global impact is largely
due to the sharing of information through social platforms and news channels,
which has led to controversial opinions on justice and human rights. This issue
is influenced by various stakeholders, including the UN, US, Egypt, Jordan,

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Arab League, Israeli Knesset, EU, ICC, Hamas, Palestinian Authority, and the
Palestinian people themselves.
MAIN BODY:
In April 2004, the Israeli government sprayed toxic substances on thousands of
crop fields that the Bedouin people of Palestine had been harvesting for years.
This information comes from Oren Yiffachel, an Israeli professor of political
geography and author of the book Ethnocracy. Lieberman, the minister of land
management, stated in response, "We must stop their illegal invasion of state
land by all means possible; the Bedouins have no regard for our laws." The
minister's insistence on "their" invasion and "our" laws reveals his severe,
dichotomous view of the world and his conviction that Israeli and Arab citizens
are distinct from one another, defining the boundaries of their rights and
identities.
In this sense, cultural relativism is applicable from Liberman's realist
viewpoint, as the Israeli legal system prioritizes nationalist interests over
universalist liberal values. This ethnocentric approach creates a power
imbalance and solidifies the notion that one group's rights and identities are
superior to the other's. In comparison, the Islamic Republic of Iran, for
instance, which adheres to theocracy and prioritizes religious values, separates
its people based on their religious beliefs and sets rigid laws for those who do
not fit in with the majority's religious ideology. The Israeli government, on the
other hand, focuses on ethnocracy and prioritizes nationalistic ideals; through
policies and laws like that, it separates its citizens based on their religion and
ethnicity altogether (considering that there are Arab Israeli Jews); and it
implements policies that favor one ethnic or religious group over others. Both
states use hard power under their respective ideologies and cultural relativism,
claiming that their actions are justified within their cultural context and as a

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form of self-determination. The intersectionality of the aspects of identity, in

this case, reveals how religion and ethnicity intertwine to shape policies like
Hafrada in the governing body of an Israeli entity to assert dominance over
minority groups. This raises important questions about the influence of
intersectionality on the distinction between the universal values of human
rights and the concept of cultural relativism.
This perception of marginalization imposed social implications among Israeli
citizens on a national level and caused tensions between European Ashkenazi
Jews and Mizrahi Jews due to their ethnic background as Arabs, who felt
discriminated against within Israeli society.
Moreover, because of nationalism in both Palestine and Israel, both sides
perceive each other's political identities as a threat to each other while
defending their own. Under the Westphalian system, which recognizes each
state's right to exclusive sovereignty over its territory and internal affairs, the
Israelis view their political identity. On the other hand, the Palestinians see
their struggles as a form of resistance to liberation. Nationalism has led to the
construction of identity politics in the Israeli and Palestinian territories, based
on dividing people into "us" and "them." From the Israeli Knesset's perspective,
the struggle for Palestinian liberation is not only seen as a threat to their
demographic majority within the region but also as a threat to their economic
prosperity. This has an economic implication on a local level because they
heavily rely on Palestinian labor for various industries such as construction,
agriculture, and manufacturing.
This further explains that Hafrada, implemented by the Israeli Ksennet, raised
a sense of resentment among Palestinians, leading to increased support for
resistance movements such as Hamas. Similar to this, the belief that Israeli
security is constantly in jeopardy has enhanced Israeli ethnic nationalism,

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leading to a confrontational stance against Palestinian claims to independence

and statehood. Israel's dominant position demonstrates a greater degree of
collective identity among its people, demonstrating that forfeiting it would
mean losing a significant portion of their identity. This implies that Israelis are
unwilling to renounce their political identity or make any concessions. From the
Arab League's perspective, Israel's confrontational stance and refusal to make
concessions should be criticized, as they are drawbacks to achieving a
resolution in the region. However, the US House, posing a biased backing for
Israel financially and politically—emphasizing the right to self-defense
systemically—even outside of internationally agreed-upon borders—hinders
the efforts to find a fair resolution and further jeopardizes the legitimacy of any
negotiations.
CONCLUSION:
In summation, intersectionality between religion and ethnicity influences laws
such as Hafrada within the Israeli legal system, emphasizing how
intersectionality affects the line that separates cultural relativism from
universal human rights.
Furthermore, nationalistic feelings can frequently exacerbate tensions and
obstruct attempts at compromise and reconciliation because they are
motivated by a desire to preserve and advance one's own group identity.

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