Crime of Apartheid

8/11/2019 Crime of Apartheid

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INTRODUCTION

CRIME OF APARTHEID

- ( AS IN INTERNATIONAL LAW)

The crime of Apartheid is defined by the 2002 Rome Statute of theInternational Criminal Court as inhumane acts of a character similar toother crimes against humanity "committed in the context of aninstitutionalized regime of systematic oppression and domination by oneracial group over any other racial group or groups and committed ith theintention of maintaining that regime!"

n #ovember $0% &' $% the United Nations eneral Assem!l" openedfor signature and ratification the International Con#ention on the

$uppression and Punishment of the Crime of Apartheid ! )t defined thecrime of apartheid as "inhuman acts committed for the purpose ofestablishing and maintaining domination by one racial group of personsover any other racial group of persons and systematically oppressingthem!"

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HI$TOR%The term apartheid % from *fri+aans for "apartness%" as the official nameof the $outh African s"stem of racial se&re&ation' hich existed after&', ! .omplaints about the system ere brought to the /nited #ations asearly as &2 uly &', hen 1r! admanabha illai% the representative of)ndia to the /nited #ations% circulated a letter to the Secretary-3eneralexpressing his concerns over treatment of ethnic )ndians ithin the /nionof South *frica! *s it became more idely +no n% South *fricanapartheid as condemned internationally as un4ust and racist and manydecided that a formal legal frame or+ as needed in order to applyinternational pressure on the South *frican government!

)n &' &% the U$$R and uinea together submitted early drafts of aconvention to deal ith the suppression and punishment of apartheid! )n&' $% the eneral Assem!l" of the United Nations agreed on the text of the International Con#ention on the $uppression and Punishment ofthe Crime of Apartheid (IC$PCA) ! The .onvention has $& signatoriesand &0 parties! The convention came into force in &' 5 after 20countries had ratified it! *lmost all these 20 countries ere eitherdominated or heavily under the influence of the Soviet /nion% and had

poor records on human rights and democracy! They ere6 7enin%7ulgaria% 7yelorussia% .had% .zechoslova+ia% 8cuador% the 3erman1emocratic Republic% 3uinea% 9ungary% )ra:% ;ongolia% oland%


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The International Criminal Court provides for individual criminalresponsibility for crimes against humanity% including the crime ofapartheid!

The International Criminal Court ()..B came into being on & uly2002% and can only prosecute crimes committed on or after that date! The.ourt can generally only exercise 4urisdiction in cases here the accusedis a national of a state party% the alleged crime too+ place on the territoryof a state party% or the United Nations $ecurit" Council refers asituation to the .ourt! The ).. exercises complimentary 4urisdiction!;any of the member states have provided their o n national courts ithuniversal 4urisdiction over the same offenses and do not recognize anystatute of limitations for crimes against humanity! *s of uly 200 % &05countries are states parties ( ith Suriname and .oo+ )slands set to 4oin in

ctober 200 B% and a further ,0 countries have signed but not yet ratifiedthe treaty! 9o ever% many of the orldCs most populous nations%including .hina% )ndia% the /nited States% )ndonesia% and a+istan are not

parties to the .ourt and therefore are not sub4ect to its 4urisdiction% except by Security .ouncil referral!

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IC$PCA DEFINITION OF THE CRIME OF APARTHEID

*rticle )) of the ).S .* defines the crime of apartheid as belo 6

International Con#ention on the $uppression and Punishment of theCrime of Apartheid'

Article II?or the purpose of the present .onvention% the term Cthe crime ofapartheidC% hich shall include similar policies and practices of racialsegregation and discrimination as practiced in southern *frica% shall applyto the follo ing inhumane acts committed for the purpose of establishing

and maintaining domination by one racial group of persons over anyother racial group of persons and systematically oppressing them6

1enial to a member or members of a racial group or groups of the rightto life and liberty of person6

7y murder of members of a racial group or groupsD7y the infliction upon the members of a racial group or groups ofserious bodily or mental harm % by the infringement of theirfreedom or dignity% or by sub4ecting them to torture or to cruel%inhuman or degrading treatment or punishmentD7y arbitrary arrest and illegal imprisonment of the members of aracial group or groupsD

1eliberate imposition on a racial group or groups of living conditionscalculated to cause its or their physical destruction in hole or in partD

*ny legislative measures and other measures calculated to prevent aracial group or groups from participation in the political% social%economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups%in particular by denying to members of a racial group or groups basichuman rights and freedoms% including the right to or+% the right toform recognised trade unions% the right to education% the right to leaveand to return to their country% the right to a nationality% the right tofreedom of movement and residence% the right to freedom of opinionand expression% and the right to freedom of peaceful assembly andassociation D

*ny measures including legislative measures% designed to divide the population along racial lines by the creation of separate reserves andghettos for the members of a racial group or groups% the prohibition of

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mixed marriages among members of various racial groups% theexpropriation of landed property belonging to a racial group or groupsor to members thereofD

8xploitation of the labour of the members of a racial group or groups%

in particular by submitting them to forced labourDersecution of organizations and persons% by depriving them offundamental rights and freedoms% because they oppose apartheid!

UNCEARD DEFINITION OF RACIA+DI$CRIMINATION

*ccording to the United Nations Con#ention on the Elimination of AllForms of Racial Discrimination %

the term "racial discrimination" shall mean any distinction% exclusion%restriction or preference based on race% colour% descent% or national orethnic origin hich has the purpose or effect of nullifying or impairingthe recognition% en4oyment or exercise% on an e:ual footing% of human

rights and fundamental freedoms in the political% economic% social%cultural or any other field of public life!

This definition does not ma+e any difference bet een discrimination based on ethnicity and race% in part because the distinction bet een thet o remains debatable among anthropologists! Similarly% in 7ritish lathe phrase racial group means "any group of people ho are defined byreference to their race% colour% nationality (including citizenshipB or ethnicor national origin"!

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ICC DEFINITION OF THE CRIME OF APARTHEID

*rticle of the Rome Statute of the International Criminal Court defines crimes against humanity as6

Article ,Crimes a&ainst humanit"?or the purpose of this Statute% Ccrime against humanityC means any of thefollo ing acts hen committed as part of a idespread or systematicattac+ directed against any civilian population% ith +no ledge of theattac+6

;urderD 8xterminationD 8nslavementD 1eportation or forcible transfer of populationD )mprisonment or other severe deprivation of physical liberty in

violation of fundamental rules of international la D TortureD Rape% sexual slavery% enforced prostitution% forced pregnancy%

enforced sterilization% or any other form of sexual violence ofcomparable gravityD ersecution against any identifiable group or collectivity on

political% racial% national% ethnic% cultural% religious% gender asdefined in paragraph $% or other grounds that are universallyrecognized as impermissible under international la % in connectionith any act referred to in this paragraph or any crime ithin the

4urisdiction of the .ourtD 8nforced disappearance of personsD The crime of apartheidD ther inhumane acts of a similar character intentionally causing

great suffering% or serious in4ury to body or to mental or physicalhealth!

Eater in Article , % the crime of apartheid is defined as6The -crime of apartheid- means inhumane acts of a character similar tothose referred to in paragraph &% committed in the context of aninstitutionalised regime of systematic oppression and domination by oneracial group over any other racial group or groups and committed ith the

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intention of maintaining that regime!

MA.OR APPARTHEID FACIN COUNTRIE$ ANDTHEIR PRO$ECUTION MACHINERIE$

$OUTH AFRICA

/IRTH OF APARTHEID

Racial segregation and hite supremacy had become central aspects ofSouth *frican policy long before apartheid began! The controversial *0*1+and Act % passed three years after South *frica gained its independence%mar+ed the beginning of territorial segregation by forcing blac+ *fricansto live in reserves and ma+ing it illegal for them to or+ assharecroppers! pponents of the Eand *ct formed the South *frican

#ational #ative .ongress% hich ould become the *frican #ational.ongress (*#.B!

ANC leader Nelson Mandela, released from prison in February 1990,worked closely with President F ! de "lerk#s $o%ernment to draw up anew constitution for &outh Africa After both sides made concessions,they reached a$reement in 199', and would share the Nobel Peace

Pri(e that year for their efforts

The reat Depression and 2orld 2ar II brought increasing economicoes to South *frica% and convinced the government to strengthen its

policies of racial segregation! )n &', % the *fri+aner #ational arty onthe general election under the slogan FapartheidG (literallyFseparatenessGB! Their goal as not only to separate South *fricaHs hiteminority from its non- hite ma4ority% but also to separate non- hitesfrom each other% and to divide blac+ South *fricans along tribal lines inorder to decrease their political po er!

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APARTHEID /ECOME$ +A2

7y &'I0% the government had banned marriages bet een hites and people of other races% and prohibited sexual relations bet een blac+ and

hite South *fricans! The opulation Registration *ct of &'I0 providedthe basic frame or+ for apartheid by classifying all South *fricans byrace% including 7antu (blac+ *fricansB% .oloured (mixed raceB and hite!* fourth category% *sian (meaning )ndian and a+istaniB as later added!)n some cases% the legislation split familiesD parents could be classified ashite% hile their children ere classified as colored!

* series of Eand *cts set aside more than 0 percent of the countryHs landfor the hite minority% and Fpass la sG re:uired non- hites to carrydocuments authorizing their presence in restricted areas! )n order to limitcontact bet een the races% the government established separate publicfacilities for hites and non- hites% limited the activity of non hite labor unions and denied non- hite participation in national government!

APARTHEID +E I$+ATION IN $OUTH AFRICA

$tartin& in *034' the Nationalist o#ernment in $outh Africa enacted

la5s to define and enforce se&re&ation>hat ma+es South *fricaCs apartheid era different to segregation andracial hatred that have occurred in other countries is the systematic ay inhich the National Part" % hich came into po er in *034 % formalized itthrough the la ! The main la s are described belo !

Prohi!ition of Mi6ed Marria&es Act' Act No 77 of *030 rohibitedmarriages bet een hite people and people of other races! 7et een &',5and the enactment of this la % only I mixed marriages had beenrecorded% compared ith some 2 %000 hite marriages!

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Immoralit" Amendment Act' Act No 8* of *079: amended in *07,(Act 81) rohibited adultery% attempted adultery or related immoral acts(extra-marital sexB bet een hite and blac+ people!

Population Re&istration Act' Act No 19 of *079 Eed to the creation of anational register in hich every personCs race as recorded! * Race.lassification 7oard too+ the final decision on hat a personCs race asin disputed cases!

roup Areas Act' Act No 3* of *079 ?orced physical separation bet eenraces by creating different residential areas for different races! Eed toforced removals of people living in " rong" areas% for example .olouredliving in 1istrict Six in .ape To n!

$uppression of Communism Act' Act No 33 of *079 utla edcommunism and the .ommunity arty in South *frica! .ommunism asdefined so broadly that it covered any call for radical change!.ommunists could be banned from participating in a politicalorganization and restricted to a particular area!

/antu /uildin& 2or;ers Act' Act No 8, of *07* *llo ed blac+ peopleto be trained as artisans in the building trade% something previously

reserved for hites only% but they had to or+ ithin an area designatedfor blac+s! ;ade it a criminal offence for a blac+ person to perform anys+illed or+ in urban areas except in those sections designated for blac+occupation!

$eparate Representation of uattin& Act' Act No 78 of *07* 3ave the;inister of #ative *ffairs the po er to remove blac+s from public or privately o ned land and to establishment resettlement camps to housethese displaced people!

/antu Authorities Act' Act No =4 of *07* rovided for the establishmentof blac+ homelands and regional authorities and% ith the aim of creatinggreater self-government in the homelands% abolished the #ativeRepresentative .ouncil!

Nati#es +a5s Amendment Act of *078 #arro ed the definition of the

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category of blac+s ho had the right of permanent residence in to ns!Section &0 limited this to those hoCd been born in a to n and had livedthere continuously for not less than &I years% or ho had been employedthere continuously for at least &I years% or ho had or+ed continuously

for the same employer for at least &0 years!

Nati#es (A!olition of Passes and Co?ordination of Documents) Act'Act No =, of *078 .ommonly +no n as the ass Ea s% this ironicallynamed act forced blac+ people to carry identification ith them at all times! * pass included a photograph% details of place of origin%employment record% tax payments% and encounters ith the police! )t asa criminal offence to be unable to produce a pass hen re:uired to do so

by the police! #o blac+ person could leave a rural area for an urban one

ithout a permit from the local authorities! n arrival in an urban area a permit to see+ or+ had to be obtained ithin 2 hours!

Nati#e +a!our ($ettlement of Disputes) Act of *071 rohibited stri+eaction by blac+s!

/antu Education Act' Act No 3, of *071 8stablished a 7lac+ 8ducation1epartment in the 1epartment of #ative *ffairs hich ould compile acurriculum that suited the "nature and re:uirements of the blac+ people"!

The author of the legislation% 1r 9endri+ Jer oerd (then ;inister of #ative *ffairs% later rime ;inisterB% stated that its aim as to prevent*fricans receiving an education that ould lead them to aspire to

positions they ouldnCt be allo ed to hold in society! )nstead *fricansere to receive an education designed to provide them ith s+ills to servetheir o n people in the homelands or to or+ in laboring 4obs underhites!

Reser#ation of $eparate Amenities Act' Act No 30 of *071 ?orced

segregation in all public amenities% public buildings% and public transportith the aim of eliminating contact bet een hites and other races!"8uropeans nly" and "#on-8uropeans nly" signs ere put up! The actstated that facilities provided for different races need not be e:ual!

Nati#es (Prohi!ition of Interdicts) Act' Act No =3 of *07= 1enied blac+ people the option of appealing to the courts against forced removals!

/antu In#estment Corporation Act' Act No 13 of *070 rovided for thecreation of financial% commercial% and industrial schemes in areasdesignated for blac+ people!

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nationHs political body!

)n one of the most devastating aspects of apartheid% the governmentforcibly removed blac+ South *fricans from rural areas designated asF hiteG to the homelands% and sold their land at lo prices to hitefarmers! ?rom &'5& to &'',% more than $!I million people ere forciblyremoved from their homes and deposited in the 7antustans% here theyere plunged into poverty and hopelessness!

OPPO$ITION TO APARTHEID

Resistance to apartheid ithin South *frica too+ many forms over theyears% from non-violent demonstrations% protests and stri+es to politicalaction and eventually to armed resistance! Together ith the South )ndian

#ational .ongress% the *#. organized a mass meeting in &'I2% duringhich attendees burned their passboo+s! * group calling itself the.ongress of the eople adopted a ?reedom .harter in &'II asserting thatFSouth *frica belongs to all ho live in it% blac+ or hite!G Thegovernment bro+e up the meeting and arrested &I0 people% charging themith high treason!

)n &'50% at the blac+ to nship of Sharpesville% the police opened fire on agroup of unarmed blac+s associated ith the an-*frican .ongress( *.B% an offshoot of the *#.! The group had arrived at the policestation ithout passes% inviting arrest as an act of resistance! *t least 5

blac+s ere +illed and more than & 0 ounded! Sharpesville convincedmany anti-apartheid leaders that they could not achieve their ob4ectives

by peaceful means% and both the *. and *#. established militaryings% neither of hich ever posed a serious military threat to the state!7y &'5&% most resistance leaders had been captured and sentenced to long

prison terms or executed! #elson ;andela % a founder of /m+honto eSiz e (FSpear of the #ationGB% the military ing of the *#.% asincarcerated from &'5$ to &''0D his imprisonment ould drainternational attention and help garner support for the anti-apartheidcause!

APARTHEID COME$ TO AN END

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)n &' 5% hen thousands of blac+ children in So eto% a blac+ to nshipoutside ohannesburg% demonstrated against the *fri+aans languagere:uirement for blac+ *frican students% the police opened fire ith teargas and bullets! The protests and government crac+do ns that follo ed%

combined ith a national economic recession% dre more internationalattention to South *frica and shattered all illusions that apartheid had brought peace or prosperity to the nation! The United Nations eneralAssem!l" had denounced apartheid in &' $% and in &' 5 the /# Security.ouncil voted to impose a mandatory embargo on the sale of arms toSouth *frica! )n &' I% the /nited @ingdom and /nited States imposedeconomic sanctions on the country!

/nder pressure from the international community% the #ational artygovernment of ieter 7otha sought to institute some reforms% includingabolition of the pass la s and the ban on interracial sex and marriage!The reforms fell short of any substantive change% ho ever% and by &' '7otha as pressured to step aside in favor of ?!>! de @ler+! 1e @ler+Hsgovernment subse:uently repealed the opulation Registration *ct% asell as most of the other legislation that formed the legal basis forapartheid! * ne constitution% hich enfranchised blac+s and other racialgroups% too+ effect in &'',% and elections that year led to a coalition

government ith a non hite ma4ority% mar+ing the official end of theapartheid system!

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NATIONA+ PRO$ECUTIN AUTHORIT%

The .onstitution of the Republic of South *frica (*ct #o! &0 of &''5B%created a single National Prosecution Authorit" (NPA B% hich isgoverned by the #ational rosecuting *uthority *ct (*ct #o! $2 of&'' B! The .onstitution% read ith this *ct% provides the # * ith the

po er to institute criminal proceedings on behalf of the State% to carry outany necessary functions incidental to institution of criminal proceedings

and to discontinue criminal proceedings! )t is accountable to the ;inisterof ustice and .orrectional Services!

Structure

n a national level% the # * is headed by the #ational 1irector of ublicrosecutions (#1 B! The #1 is appointed by the resident of South*frica for a term of &0 years!

The #1 is supported by a chief executive officer % a position hich asfilled by ;arion Sparg from 2000 to 200 % and by four 1eputy #ational1irectors! 8very seat of the 9igh .ourt of South *frica is served by a1irector of ublic rosecutions (1 B% ho acts as the prosecutionauthority for such .ourtCs 4urisdictional area! ?urther support comes fromSpecial 1irectors and )nvestigating 1irectors!

7usiness units

The # * comprises various core business units6 The National Prosecution $er#ice (# SB is composed of the various

1 offices (and their subordinatesB and are responsible for the day-to-day criminal prosecutions! State *dvocates (attached to the officeof the 1 B prosecute matters in the Superior .ourts% hilst ublicrosecutors (attached to various ;agistrateCs .ourtsB% prosecutematters in the Eo er .ourts!

The Directorate of $pecial Operations (1S or Scorpions B aslaunched on & September &'''% in .ape To n % as a step to ards

putting in place the necessary machinery to eradicate organised crimein South *frica! )t as the birth of hat is envisaged to become aorld-class la enforcement agency! The 1S as later disbanded in

uly 200' and the investigative capacity transferred to the South*frican olice Service

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The Asset Forfeiture Unit (AFU) as established in ;ay &'''% togive effect to certain provisions in the revention of rganised .rime*ct (*ct &2& of &'' B allo ing for the criminal or civil seizure (andsubse:uent forfeiture to the StateB of assets belonging to perpetrators

of crime! nce forfeited% these assets are realised and are utilised tocompensate the victims of crime andKor are ploughed bac+ into laenforcement!

$e6ual Offences and Communit" Affairs ($OCA) as established inctober &'''% ith the main ob4ective of eradicating all forms ofgender-based violence against omen and children! The /nitcomprises four sections% namely the Sexual ffences SectionD the1omestic Jiolence SectionD the ;aintenance SectionD and the .hildustice Section!

The $pecialised Commercial Crime Unit ($CCU) as establishedith the focal ob4ective of prosecuting serious economic offences%such as ?raud and related offences!

The 2itness Protection Unit (2PU) essentially provides supportservices to vulnerable and intimidated itnesses and related persons inany 4udicial proceedings in the .riminal ustice System! The unit also

provides assistance and co-operation to other countries% Tribunals andSpecial .ourts% in the field of >itness rotection! The functions andduties of the > / are classified "S8.R8T" in terms of the >itnessrotection *ct!

The Priorit" Crimes +iti&ation Unit (PC+U) as created byresidential proclamation on 2$ ;arch 200$! )n terms of its mandate%it is to manage and direct investigations and prosecutions relating to6criminal prosecutions arising from the Rome StatuteD crimes againstthe State% including national and international terrorismD mattersemanating from the Truth and Reconciliation (TRC) process andcontraventions of The Regulation of ?oreign ;ilitary *ssistance *ct(*ct #o &I of &'' B% the #on- roliferation of >eapons of ;ass1estruction *ct (*ct #o of &''$B% The #ational .onventional*rms .ontrol *ct (*ct #o ,& of 2002B% The #uclear 8nergy *ct (*ct

#o ,5 of &'''B and The )ntelligence Services *ct (*ct #o 5I of2002B!

The Inte&rit" Mana&ement Unit (IMU) is a relatively ne unit%tas+ed to continually assess% prevent% monitor% evaluate and maintainthe # *Cs integrity so that it is not in any ay compromised! The );/is further tas+ed to have complete oversight of the reactive systemsand processes in instances here there has been a compromise of theorganisationHs integrity!

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.orporate Services (.SB is tas+ed to focus on servicing customer needsand to concentrate resources to provide lo cost% high :uality corporateservice support to multiple business partners ithin the # *!

*fter the #ational arty gained po er in South *frica in &', % its all-hite government immediately began enforcing existing policies of racialsegregation under a system of legislation that it called apartheid! /nderapartheid% non hite South *fricans (a ma4ority of the populationB ould

be forced to live in separate areas from hites and use separate publicfacilities% and contact bet een the t o groups ould be limited! 1espitestrong and consistent opposition to apartheid ithin and outside of South*frica% its la s remained in effect for the better part of I0 years! )n &''&%the government of President F 2 de Bler; began to repeal most of the

legislation that provided the basis for apartheid!

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I$RAE+

.ritics have accused )srael of committing the crime of apartheidD )n a200 report% United Nations $pecial Rapporteur for alestine ohn1ugard stated that "elements of the Lstate of )sraelCsM occupationconstitute forms of colonialism and of apartheid% hich are contrary tointernational la !" and suggested that the "legal conse:uences of a

prolonged occupation ith features of colonialism and apartheid" be putto the International Court of .ustice !

The UN $pecial Rapporteur concludes that this "general structure ofapartheid that exists in the Occupied Palestinian Territories !!! ma+esthe allegation increasingly credible despite the differences bet een thespecific characteristics of South *frican apartheid and that of theccupied alestinian Territories regime"!

South *frican udge Richard oldstone % head of the Report of theUnited Nations Fact Findin& Mission on the 3aza .onflict% also +no nas the oldstone Report % riting in The #e =or+ Times in ctober20&&% said that "in )srael% there is no apartheid! #othing there comes closeto the definition of apartheid under the &'' Rome Statute!" 3oldstonenoted that *rab citizens of )srael are allo ed to vote% have political

parties% and hold seats in the @nesset and other positions% including oneon the )sraeli Supreme .ourt! 3oldstone rote that the situation in the>est 7an+ as more complex% but that there is no attempt to maintain"an institutionalized regime of systematic oppression and domination byone racial group"% and claimed that the seemingly oppressive measuresta+en by )srael ere ta+en to protect its o n citizens from attac+s byalestinian militants! 9o ever the 3oldstone Report does not contain anyreference to charges of apartheid% hether supported or not! >ith regardto associated issue of positive findings of )sraeli ar crimes in the report%3oldstone has argued for a redaction! 9o ever the other three authors ofthe 3oldstone Report have publicly re4ected this arguing 3oldstone has"misrepresented facts in an attempt to delegitimize the L3oldstoneReportCsM findings and to cast doubts on its credibility"!

)sraeli 4ournalist %onatan $il#erman rote in )netnews that hileine:uality and in4ustice existed in the >est 7an+% )srael as not anapartheid state! Silverman rote that hile South *frica as a legallysegregated society% )sraelCs actions in the >est 7an+ are not rooted inlegislation and stem from security concerns rather than racial bias!

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.ontrary to these% the Russell Tri!unal on Palestine tends to 4udge infavor of the apartheid allegations! *mongst a large list of violations ofinternational la % by both the /S and )srael% the Tribunal 4udges"Jiolation of the prohibition of discrimination based on national origin

through )sraeli policies and practices a+in to *partheid (20&& .ape To nfindings of this TribunalB! ?inal conclusions of this Tribunal are expectedin ?ebruary 20&$! The Russell Tribunal on alestine has been criticized as

biased against )srael by 4udge Richard 3oldstone% and South *frican 4ournalist and human rights activist 7en4amin ogrund% described the.ape To n Session of the Russell Tribunal on alestine "theatre"!TheTribunal has on the other hand been endorsed by the traditionally critical.enter for .onstitutional Rights% e ish Joice for eace% )sraeli.ommittee *gainst 9ouse 1emolitions as ell as other organizations!

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CONC+U$ION

The crime of apartheid as "inhuman acts committed for the purposeof establishing and maintaining domination by one racial group of

persons over any other racial group of persons and systematicallyoppressing them!"

)n &' &% the U$$R and uinea together submitted early drafts of aconvention to deal ith the suppression and punishment of apartheid!)n &' $% the eneral Assem!l" of the United Nations agreed on thetext of the International Con#ention on the $uppression andPunishment of the Crime of Apartheid (IC$PCA) !)n &' % Addition Protocol * to the ene#a Con#entions designatedapartheid as a grave breach of the rotocol and a ar crime! There are&5' parties to the rotocol!The International Criminal Court provides for individual criminalresponsibility for crimes against humanity% including the crime ofapartheid!The International Criminal Court ()..B came into being on & uly

2002% and can only prosecute crimes committed on or after that date!*rticle )) of the ).S .* International Con#ention on the$uppression and Punishment of the Crime of Apartheid defines thecrime of apartheid!United Nations Con#ention on the Elimination of All Forms ofRacial Discrimination % defines the term "racial discrimination"!*rticle of the Rome Statute of the International Criminal Court defines crimes against humanity

;a4or appartheid facing countries and their prosecution machineriesare6

$outh AfricaRacial segregation and hite supremacy had become centralaspects of South *frican policy long before apartheid began!The reat Depression and 2orld 2ar II brought increasingeconomic oes to South *frica% and convinced the governmentto strengthen its policies of racial segregation!)n &', % the Afri;aner National Part" on the generalelection under the slogan FapartheidG (literally FseparatenessGB!

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Crime of Apartheid

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Transcript of Crime of Apartheid