Oppressive State Systems: Apartheid, Fascism, and Settler Colonialism

An examination of state systems characterized by systematic domination, elimination, or subjugation of populations, including their legal definitions, historical examples, and outcomes.

Part 1: Apartheid

Apartheid is a crime against humanity under international law, codified in two major instruments:

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

Defines apartheid as: > “Inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.”

Rome Statute of the International Criminal Court (Article 7)

Defines the crime of apartheid as: > “Inhumane acts... committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.”

Three Essential Elements

  1. Intent to dominate by one racial group over another
  2. Systematic oppression of the marginalized group
  3. Inhumane acts committed in furtherance of the system

Characteristics

Feature Description
Legal segregation Separate legal systems for different racial groups
Restricted movement Pass laws, permits, checkpoints
Land dispossession Confiscation/restriction of property rights
Political exclusion Denial of voting rights or meaningful representation
Economic exploitation Differential wages, employment restrictions
Separate facilities Housing, education, healthcare segregation
Family separation Restrictions on marriage, residency, reunification

Historical Example: South Africa (1948-1994)

Key Features

Policy Implementation
Population Registration Act Classified all South Africans by race
Group Areas Act Forced racial segregation in residential areas
Pass Laws Required non-whites to carry identification documents
Bantu Education Act Separate, inferior education for Black South Africans
Prohibition of Mixed Marriages Act Banned interracial marriage
Separate Amenities Act Segregated public facilities

How It Ended

Factor Role
Internal resistance Decades of protest, strikes, armed struggle (ANC, PAC)
International sanctions Economic isolation, cultural boycotts, divestment
Cold War end Removed anti-communist justification
Economic pressure Sanctions damaged economy, white business support eroded
Leadership change F.W. de Klerk initiated negotiations (1990)

Transition

Date Event
February 1990 ANC unbanned, Mandela released
June 1991 Apartheid legislation repealed
1993 Interim Constitution adopted
April 27, 1994 First democratic elections (ANC victory)
1995 Truth and Reconciliation Commission established

Outcome

Part 2: Fascism

Definition

Fascism is a far-right, authoritarian, ultranationalist political ideology characterized by dictatorial power, forcible suppression of opposition, and strong regimentation of society and the economy.

Umberto Eco's Fourteen Features of “Ur-Fascism” (1995)

The Italian scholar and novelist identified common characteristics that can appear in fascist movements:

# Feature Description
1 Cult of tradition Belief that truth has already been revealed; no new learning possible
2 Rejection of modernism Enlightenment rationalism viewed as degeneration
3 Cult of action Action for its own sake; thinking seen as emasculation
4 Disagreement is treason Critical thinking equals disloyalty
5 Fear of difference Exploitation of fear of outsiders, racism
6 Appeal to frustrated middle class Economic anxiety and political humiliation exploited
7 Obsession with plots Enemies portrayed as simultaneously too strong and too weak
8 Enemies both strong and weak Followers must feel humiliated by enemy's power but superior to them
9 Life as permanent warfare Pacifism is trafficking with the enemy
10 Contempt for the weak Popular elitism; every citizen belongs to the best people
11 Cult of death Heroism as norm; cult of martyrdom
12 Machismo Disdain for women, nonstandard sexuality
13 Selective populism “The People” as monolithic entity; leader interprets their will
14 Newspeak Impoverished vocabulary to limit critical reasoning

Eco's key insight: Not all features need be present. “It is enough that one of them be present to allow fascism to coagulate around it.”

Historical Examples and Outcomes

Italy (1922-1943)

Aspect Detail
Rise to power Mussolini's March on Rome (1922)
Duration 21 years
Key features Corporate state, suppression of unions, colonial expansion
How it ended Military defeat, popular rebellion, Allied invasion
Outcome Mussolini captured and executed by partisans (1945)

Nazi Germany (1933-1945)

Aspect Detail
Rise to power Hitler appointed Chancellor (1933)
Duration 12 years
Key features Racial laws, genocide, territorial expansion
Death toll ~6 million Jews (Holocaust), ~70 million total (WWII)
How it ended Total military defeat, unconditional surrender
Outcome Nuremberg Trials: 12 death sentences, 161 convictions

Nuremberg Legacy: – Established individual criminal responsibility for crimes against humanity – Created precedent for international criminal law – Documented Nazi crimes irrefutably – Discredited Nazi ideology among German population

Spain (1939-1975)

Aspect Detail
Rise to power Franco won Civil War (1939)
Duration 36 years
Survival strategy Neutrality in WWII, later anti-communist alignment with West
How it ended Franco's death (1975)
Outcome Peaceful transition to constitutional monarchy and democracy

Portugal (1933-1974)

Aspect Detail
Rise to power Salazar's Estado Novo (1933)
Duration 41 years
How it ended Carnation Revolution (military coup, 1974)
Outcome Transition to democracy, decolonization

Common Fascist Outcomes

Ending Type Examples Result
Military defeat Germany, Italy Occupation, trials, regime change
Leader's death Spain Transition to democracy
Internal coup Portugal Revolution, democratization
Popular uprising Italy (contributed) Regime collapse

Pattern: Fascist regimes rarely reform themselves. They end through: – External military defeat – Death of dictator – Internal military/popular revolt – Economic collapse

Part 3: Settler Colonialism

Definition

Settler colonialism is a distinct form of colonialism that: > “Functions through the replacement of indigenous populations with an invasive settler society that, over time, develops a distinctive identity and sovereignty.”

Unlike extractive colonialism (which exploits indigenous labor), settler colonialism operates on the “logic of elimination”—the removal or destruction of the native population to claim their land.

Key Characteristics

Feature Description
Permanent settlement Colonizers “come to stay,” not to extract and leave
Land-based Primary goal is land acquisition, not labor exploitation
Eliminatory Seeks to remove, not exploit, indigenous population
Terra nullius Legal fiction that land is “empty” or “unused”
Structural Not an event but an ongoing structure
Sovereignty claim Settlers assert political control over territory

Logic of Elimination

Patrick Wolfe's foundational concept: settler colonialism seeks to eliminate the native through various means:

Method Examples
Mass killing Frontier wars, massacres
Forced removal Trail of Tears, ethnic cleansing
Cultural destruction Boarding schools, language bans
Legal elimination Denying indigenous legal status
Biological absorption Forced assimilation, “breeding out”
Land fragmentation Breaking communal ownership into individual plots

Historical Examples and Outcomes

United States

Aspect Detail
Indigenous population (pre-contact) 5-15 million (estimates vary)
Indigenous population (1900) ~250,000
Primary elimination methods Warfare, disease, forced removal, reservation system
Land transfer ~1.5 billion acres transferred from indigenous to settler control
Current status Settler state consolidated; indigenous nations marginalized

Australia

Aspect Detail
Indigenous population (pre-1788) 750,000-1.25 million
Indigenous population (1920) ~60,000
Primary elimination methods Frontier violence, disease, child removal (“Stolen Generations”)
Current status Settler state consolidated; reconciliation efforts ongoing

Algeria (French, 1830-1962)

Aspect Detail
Settler population (peak) ~1 million Europeans (“pieds-noirs”)
Indigenous deaths (1830-1875) ~825,000 (French estimates) to 1.5 million (Algerian estimates)
Land confiscation Systematic transfer of tribal lands to settlers
How it ended Violent war of independence (1954-1962)
Outcome Independence (1962); ~1 million settlers fled to France

Key lesson: When settler colonialism ends through decolonization, settler populations typically leave or face integration as minorities.

Rhodesia/Zimbabwe (1890-1980)

Aspect Detail
White settler population ~5% of population at peak
Unilateral independence 1965 (white minority rule)
Liberation war ZANU/ZAPU armed struggle (1964-1979)
International response UN sanctions, diplomatic isolation
How it ended Lancaster House Agreement (1979)
Outcome Independence as Zimbabwe (1980); majority rule

White population after independence: Declined from ~296,000 (1975) to ~30,000 (2020s) through emigration.

Outcomes of Settler Colonial Systems

Outcome Type Examples Characteristics
Consolidated settler state USA, Australia, Canada Indigenous population marginalized; settler sovereignty unchallenged
Decolonization with settler exodus Algeria, Rhodesia/Zimbabwe Indigenous majority rule; settler population departs
Ongoing contestation Israel/Palestine, Western Sahara Settler project incomplete; active resistance continues
Truth and reconciliation Canada, Australia (partial) Settler state acknowledges wrongs; reforms attempted

Part 4: Common Patterns Across Oppressive Systems

How They Maintain Power

Mechanism Apartheid Fascism Settler Colonialism
Legal framework Racial laws Emergency powers, enabling acts Land laws, denial of indigenous rights
Violence Police, military enforcement Secret police, paramilitaries Frontier violence, military occupation
Ideology Racial superiority National rebirth, racial purity Civilizing mission, terra nullius
Economic control Labor exploitation, restricted ownership Corporate state, war economy Land appropriation, resource extraction
Information control Censorship, propaganda Total media control Erasure of indigenous history/culture

How They End

Factor Role
Internal resistance Essential in almost all cases
International pressure Sanctions, isolation accelerate collapse
Economic unsustainability Systems eventually become too costly to maintain
Military defeat Decisive for fascism; relevant for some colonial cases
Demographic change Settler minorities eventually outnumbered
Leadership change Death or removal of key figures can trigger transition

Accountability Mechanisms

Mechanism Examples
International tribunals Nuremberg, ICC
Truth commissions South Africa TRC, Canada TRC
Domestic prosecutions Argentina (Dirty War trials)
Reparations Germany to Holocaust survivors
Land return Limited examples (New Zealand, some US cases)

Part 5: International Law Framework

Crimes Against Humanity

Defined in the Rome Statute (Article 7) as acts “committed as part of a widespread or systematic attack directed against any civilian population,” including:

Genocide

Defined in the Genocide Convention (1948) as acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

War Crimes

Grave breaches of the Geneva Conventions, including: – Willful killing – Torture – Unlawful deportation – Taking hostages – Extensive destruction of property – Attacking civilians

Universal Jurisdiction

Many states claim jurisdiction over international crimes regardless of where they occurred, enabling prosecution of perpetrators who travel abroad.

Summary: Patterns of Oppression and Liberation

No Oppressive System Lasts Forever

System Duration Ended By
South African Apartheid 46 years (1948-1994) Internal resistance + international pressure
Nazi Germany 12 years (1933-1945) Military defeat
Fascist Italy 21 years (1922-1943) Military defeat + popular uprising
Franco's Spain 36 years (1939-1975) Leader's death
French Algeria 132 years (1830-1962) Armed liberation struggle
Rhodesia 90 years (1890-1980) Armed struggle + sanctions

Common Endings

  1. Negotiated transition (South Africa): Peaceful handover, minority rights protected
  2. Military defeat (Nazi Germany): Occupation, trials, regime dismantlement
  3. Armed liberation (Algeria, Zimbabwe): Independence through armed struggle
  4. Leader death + reform (Spain): Gradual democratization
  5. Internal coup (Portugal): Military officers overthrow regime

What Determines the Outcome?

Factor Tends Toward Peaceful Transition Tends Toward Violent Ending
International engagement Sustained pressure, mediation Isolation or tacit support for regime
Settler/minority demographics Small minority, economically dependent Large minority, self-sufficient
Regime adaptability Willing to negotiate Ideologically rigid
Opposition unity United, disciplined movement Fragmented resistance
External military intervention Not a factor Decisive (e.g., WWII)

Part 6: Application to Israel

Multiple international human rights organizations, UN bodies, and legal experts have applied the frameworks of apartheid and settler colonialism to Israel's governance of Palestinians. This section documents those assessments.

Apartheid Determinations

Organizations Finding Israel Commits Apartheid

Organization Date Report Title
B'Tselem (Israeli) January 2021 “A Regime of Jewish Supremacy from the Jordan River to the Mediterranean Sea: This is Apartheid”
Human Rights Watch April 2021 “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution”
Amnesty International February 2022 “Israel's Apartheid Against Palestinians: Cruel System of Domination and Crime Against Humanity”
UN Special Rapporteur October 2022 Recommended UN develop “plan to end the Israeli settler-colonial occupation and apartheid regime”
UN ESCWA 2017 Report finding Israel “guilty of the crime of apartheid” (later withdrawn under pressure)

Human Rights Watch assessment: “There is certainly a consensus in the international human rights movement that Israel is committing apartheid.”

ICJ Advisory Opinion (July 19, 2024)

The International Court of Justice issued an advisory opinion finding:

Finding Detail
Occupation unlawful Israel's presence in Gaza, West Bank, and East Jerusalem is illegal
Discrimination “Systematic discrimination based on race, religion or ethnic origin”
Settlements Settlement regime violates international law
Required action Israel must end occupation, dismantle settlements, provide reparations
International obligation All states must not recognize or assist the occupation

Note: The ICJ found Israel's practices violate “the international prohibition on racial segregation and apartheid” but did not make an explicit apartheid determination—some individual judges did in separate opinions.

Application of Apartheid Elements to Israel

Element 1: Intent to Maintain Domination

Evidence Source
Nation-State Law (2018) Constitutionally enshrines “the right to exercise national self-determination” as “unique to the Jewish people”
Stated policy Settlement expansion explicitly described as “national value” in Basic Law
Demographic policy Family reunification ban explicitly defended on grounds of maintaining Jewish majority
B'Tselem finding System “organized around one principle: advancing and perpetuating the supremacy of one group – Jews – over another – Palestinians”

Element 2: Systematic Oppression

Domain Within Israel Occupied Territories
Legal system 65+ discriminatory laws (Adalah) Two-tier: military law for Palestinians, civil law for settlers
Movement Full freedom for Jews Permits, checkpoints, restricted roads for Palestinians
Land Admissions committees can exclude Arabs from 68.5% of towns <1% building permit approval for Palestinians
Family Palestinian spouses denied citizenship Family separation through permit denials
Detention Administrative detention limited to non-Jews (2024 law) 160 days detention without charges; 99% conviction rate

Element 3: Inhumane Acts

Category Documentation
Unlawful killings 274 journalists killed (CPJ, through Aug 2025); mass civilian casualties in Gaza
Forced displacement 1,281 structures demolished (2024); population transfer in Gaza
Collective punishment Blockade of Gaza (since 2007); punitive home demolitions
Torture UNICEF: “widespread, systematic, and institutionalized” abuse of detained children
Denial of medical care Permit system for hospital access; 8.8% mortality rate among permit applicants

Application of Settler Colonialism Framework

Characteristics Present

Settler Colonial Feature Application to Israel
Permanent settlement Jewish settlements in West Bank expanded continuously; 700,000+ settlers
Land-based Primary focus on territorial control and land acquisition
Eliminatory logic UN Special Rapporteur (2024): “systematic campaign of forced displacement”
Terra nullius Historical Zionist slogan: “A land without a people for a people without a land”
Structural Ongoing process, not historical event; settlement expansion continues
Sovereignty claim Israel claims sovereignty over all of Jerusalem; de facto annexation of West Bank

Logic of Elimination Methods Present

Method Evidence
Mass killing Gaza war casualties: 34,535+ killed (Oct 2023 – April 2024, MoH figures)
Forced removal Demolitions, displacement, “voluntary migration” promotion
Cultural destruction Restrictions on Palestinian education, language downgraded
Legal elimination Denial of citizenship, permit system, military law
Land fragmentation Oslo Areas A, B, C; settler roads fragmenting Palestinian territory

UN Special Rapporteur Characterization

Francesca Albanese (UN Special Rapporteur on occupied Palestinian territories) has characterized Israel's system as settler colonialism rather than apartheid, arguing it more accurately captures the eliminatory nature:

“The regime has clearer characteristics of settler colonialism.”

Her reports have described: – October 2024: “Settler-colonial genocide” against Palestinians – June 2025: Investigation of “corporate machinery sustaining the Israeli settler-colonial project of displacement and replacement”

Application of Fascism Characteristics

Umberto Eco's Features Present in Current Israeli Government

Eco's Feature Evidence
Cult of tradition Religious-nationalist ideology; biblical claims to land
Fear of difference Nation-State Law privileges Jews; explicit demographic concerns
Appeal to frustrated middle class Security concerns exploited politically
Obsession with plots Existential threat narrative
Contempt for the weak Dehumanizing rhetoric toward Palestinians documented
Machismo Military culture; glorification of force
Selective populism “The Jewish people” as monolithic entity with singular will

2023 Judicial Overhaul

The Netanyahu government's attempt to overhaul the judiciary displayed patterns associated with authoritarian consolidation:

Action Parallel
Limiting Supreme Court review Hungary (2010), Poland (2015)
Government control of judicial appointments Authoritarian playbook
Restricting legal advisor authority Removal of institutional checks

Domestic response: Mass protests (200,000+); former Justice Minister Tzipi Livni stated: “It is no longer signs, but the thing itself — fascism.”

Outcome: Supreme Court struck down the law (8-7) in January 2024.

Limitations of Fascism Framework

Present Absent/Limited
Ultranationalism Single-party state (Israel has multi-party system)
Authoritarian tendencies Complete suppression of opposition (opposition parties exist)
Military glorification Totalitarian control of media (press relatively free)
Persecution of minorities Cult of personality around single leader

Assessment: Israel displays some fascist characteristics, particularly in its current far-right government, but does not fit the classical fascist model. Apartheid and settler colonialism frameworks are more widely applied by analysts.

Comparison: Israel and Historical Cases

Israel vs. South African Apartheid

Feature South Africa Israel
Explicit racial classification Population Registration Act Nation-State Law (Jewish self-determination)
Separate legal systems Yes Yes (military vs. civil in territories)
Pass/permit system Pass laws Permit system for Palestinians
Territorial fragmentation Bantustans Areas A, B, C; Gaza blockade
Labor exploitation Primary economic model Less central; more eliminatory
International status Pariah state, sanctioned Significant Western support
Settler minority rule ~15% white minority Jewish majority in Israel; minority in river-to-sea territory

Key difference: South African apartheid was primarily about labor exploitation; Israeli system is more focused on land control and demographic engineering (settler colonial logic).

Israel vs. French Algeria

Feature French Algeria Israel
Settler population ~1 million (10%) ~7 million Jews (~50% river-to-sea)
Duration 132 years 76+ years (1948-present)
Metropolitan support French state backed settlers Western powers support Israel
Indigenous resistance FLN armed struggle Various forms (intifadas, armed groups)
International law era Pre-decolonization norms Post-1945 human rights framework
Outcome Settler exodus Ongoing

Key difference: Israeli Jewish population is far larger proportionally and has nowhere to “return to,” complicating Algeria-style decolonization.

Israel vs. Rhodesia

Feature Rhodesia Israel
Settler population ~5% white ~50% Jewish (river-to-sea)
International recognition Unrecognized (post-UDI) Recognized (though occupation not recognized)
Sanctions UN sanctions Limited; significant Western support
Armed struggle ZANU/ZAPU Various Palestinian factions
Outcome Majority rule (Zimbabwe) Ongoing

Possible Outcomes Based on Historical Patterns

Scenario Historical Parallel Likelihood Factors
Negotiated two-state solution Partial South Africa model Diminishing: settlements, fragmentation
One democratic state South Africa transition Requires fundamental Israeli political change
Perpetual occupation No stable historical parallel Current trajectory; internationally untenable long-term
Formal annexation + apartheid South Africa Bantustans Some Israeli politicians advocate; international rejection
Population transfer Algeria (settlers left) Demographic asymmetry makes this different
Regional war/intervention Various Unpredictable; significant consequences

Factors Affecting Outcome

Factor Current Status
International pressure Increasing (ICJ ruling, recognition of Palestine) but limited enforcement
US support Continues; essential to Israeli position
Internal Israeli politics Far-right ascendant; limited peace constituency
Palestinian unity Fragmented (PA, Hamas, diaspora)
Regional dynamics Normalization (Abraham Accords) vs. solidarity movements
Demographic trends Palestinian population growing; Jewish emigration increasing

Accountability Mechanisms

Current Proceedings

Body Status
ICJ Advisory opinion (July 2024) found occupation illegal
ICC Arrest warrants issued for Israeli officials (November 2024)
UN Human Rights Council Regular documentation of violations
Universal jurisdiction Cases in various national courts

Historical Comparison

South Africa Israel
Comprehensive sanctions Limited sanctions (some on settlers)
Sports/cultural boycott BDS movement (contested effectiveness)
Divestment movement Growing but resisted
Arms embargo Major arms supplier (US, Germany)
Diplomatic isolation Significant Western support continues

Sources

Israel-Specific Sources

Last updated: February 2026