Investigator Professor John Dugard, who campaigned against apartheid in 1980s, said “common sense dictates that a distinction must be drawn between acts of mindless terror, such as acts committed by al-Qaeda and acts committed in the course of a war of national liberation against colonialism, apartheid or military occupation.”

Dugard, the UN’s special rapporteur on human rights in the Palestinian territories, asserted: “While Palestinian terrorist acts are to be deplored, they must be understood as being a painful but inevitable consequence of colonialism, apartheid or occupation.” He accused Israel of carrying out policies consistent with all three.

In his 25-page report, he described the situation of Palestinians living in the West Bank, highlighting the 564 roadblocks and checkpoints, closed zones, Israeli settler-only roads, denial of building permits to Palestinians, and the “Judaization of Jerusalem”.

He compared this treatment with that enjoyed by Israeli settlers who are allowed to construct at will, receive government subsidies to live in the West Bank, and are protected by the Israeli army.

Occupation and terrorism

“As long as there is occupation, there will be terrorism. Acts of terror against military occupation must be seen in historical context. This is why every effort should be made to bring the occupation to a speedy end. Until this is done, peace cannot be expected, and violence will continue.”

Dugard, who has served as special rapporteur since 2000, previously said that every time he visited the Palestinian territories the situation has grown worse. He has been a member of the UN International Law Commission since 1997 and has served as an ad hoc judge on the International Court of Justice.

Israel’s UN ambassador in Geneva Yitzak Levanon accused Dugard of bias and of failing to make the “link between a-Qaeda and the Palestinian terrorists.” This is that they “both target civilians with the mere purpose to kill.” He said that Dugard should take into account the fact that Israel and the Palestinians have embarked on negotiations with the aim of reaching peace.

Dugard’s report is to be presented next month at the 47-member Human Rights Council’s first regular meeting of 2008. Israel and the US will not be present.