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This article demonstrates that the crime of apartheid can be applied to cases other than South Africa, provided it can be disconnected from its historical link to the South African apartheid regime. Most importantly, it answers the question whether the crime against humanity of apartheid is a relict of a bygone era or could potentially be used for prosecutions before the ICC. This article undertakes a legal analysis of the crime of apartheid as found in Article 7(1)(j) Rome Statute.
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Not only does the article reveal the potential and the pitfalls of the crime of apartheid, it also argues for the recognition of the crime of apartheid with respect to contemporary regimes. This article attempts to fill this gap by (re)awakening the interest in this crime. Despite its reoccurrence in international law, legal scholarship has largely turned a blind eye to this crime. in 1998, four years after the end of the apartheid regime in South Africa. Perhaps the crime of apartheid ended with the abolishment of the South African apartheid regime? It is all the more surprising that the crime against humanity of apartheid was included in a last minute compromise into the Rome Statute of the International Criminal Court (ICC) 3 A/CONF.183/9 (17 July 1998) entered into force on 1 July 2002. Booysen calls the Convention, amongst other things, ‘a masterpiece of hypocrisy’ (60). 2 An assessment which is very critical of the crime of apartheid as found in the Apartheid Convention is given by the South African Professor of Law Hercules Booysen in his article, ‘Convention on the Crime of Apartheid’ (1976) 2 South African Yearbook of International Law 56.
GENOCIDE MEANING IN HINDI TRIAL
No trial or conviction for the crime of apartheid has ever occurred - and the Apartheid Convention is widely believed to be a dead letter. However, the Convention was highly contentious and has, until today, not been ratified by any state of the industrialised West. Apartheid was criminalised as a crime against humanity in 1973 with the International Convention on the Suppression and Punishment of the Crime of Apartheid (Apartheid Convention). From its inception until the fall of the regime in 1994, the United Nations (UN) stood unified in its effort to bring down this institutionalised system of racial discrimination. More than twenty years ago, the South African apartheid regime ended with the country’s first fully democratic elections. Keywords: apartheid, crime against humanity, Rome Statute, Apartheid Convention, North Korea, Palestine The ICC Prosecutor will have to release apartheid from its historical connection in order to bring to justice perpetrators of systematic racial oppression. It will, in particular, discuss potential contemporary situations of apartheid. This article will scrutinise the elements of the crime and reveal definitional challenges. It shows the international community’s belief in the deterrent effect of this crime, as well as its continued importance. All the more, it is surprising that apartheid was included in the Statute.ĭespite the fact that the crime of apartheid has never been prosecuted, this article argues that its inclusion into the Rome Statute raises some unique and interesting questions. The provision on apartheid in the Rome Statute of the ICC builds on the Apartheid Convention, which is highly contentious and not signed by any Western state. According to critics the crime is a South African phenomenon that has not reached the status of customary law. The International Criminal Court (ICC) is the first international criminal tribunal to include the crime against humanity of apartheid in its statute, notwithstanding the controversy of this crime. The crime against humanity of apartheid has been widely neglected: jurisprudence is non-existent and the academic discourse modest.