This article is about the crime of apartheid as defined in international law. For the system of racial segregation that formerly existed in South Africa, see History of South Africa in the Apartheid era. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa For other uses, see Apartheid (disambiguation).

The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court which established the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalised 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. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the Treaty The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of " It lists such crimes as murder, enslavement, deprivation of physical liberty, forced relocation, sexual violence, and collective persecution. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries As a social-economic system slavery is a legal institution under which a Person (called "a slave" is compelled to work for another Liberty, the freedom to act or believe without being stopped by unnecessary force Population transfer is the movement of a large group of people from one region to another by state policy or international authority most frequently on the basis of ethnicity or religion Definition of sexual violence Sexual violence is defined as any sexual act attempt to obtain a sexual act unwanted sexual comments or advances or acts to traffic Collective punishment is the Punishment of a group of people as a result of the behaviour of one or more other individuals or groups ^[1]

On 30 November 1973, the United Nations General Assembly opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA)^[2] It defined the crime of 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. Events 1700 - Battle of Narva — A Swedish army of 8500 men under Charles XII defeats Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Membership For two articles dealing with membership in the General Assembly see General Assembly members "

History

International opposition to Apartheid in South Africa Campaigns Disinvestment · Academic boycott Constructive engagement Instruments and legislation UN Resolution 1761 (1962) Crime of Apartheid Convention (1973) Gleneagles Agreement (1977) Sullivan Principles (1977) Comprehensive Anti-Apartheid Act (1986) Organisations Anti-Apartheid Movement UN Special Committee against Apartheid Artists United Against Apartheid Halt All Racist Tours Organisation of African Unity Conferences 1964 Conference for Economic Sanctions 1978 World Conference against Racism United Nations Security Council Resolutions Resolution 181 Resolution 191 Resolution 282 Resolution 418 Resolution 435 Resolution 591 Other aspects Elimination of Racism Day Biko (song) · Activists Nelson Mandela 70th Birthday Tribute This box: view • talk • edit

Signatories to the International Convention on the Suppression and Punishment of the Crime of Apartheid: parties in dark green, signed but not ratified in light green, non-members in grey

The term apartheid, from Afrikaans for "apartness," was the official name of the South African system of racial segregation which existed after 1948. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Disinvestment (or divestment from South Africa was first advocated in the 1960s in protest of South Africa's system of Apartheid, but was not implemented on a significant The Academic boycotts of South Africa were a series of Boycotts of South African academic institutions and scholars initiated in the 1960s at the request of the Constructive engagement was the name given to the policy of the Reagan Administration towards the Apartheid regime in South Africa in the early 1980s and United Nations General Assembly Resolution 1761 was passed on 6 November 1962 in response to the Racist policies of Apartheid The Gleneagles Agreement was unanimously approved by the Commonwealth of Nations at a meeting at Gleneagles, Auchterarder, Scotland. The Sullivan Principles are the names of two corporate codes of conduct, developed by the African-American preacher Rev The Comprehensive Anti-Apartheid Act () sponsored by US Representative Ron Dellums in 1972 was the first United States anti-apartheid legislation Anti-Apartheid Movement, originally known as the Boycott Movement, was a British organization that was at the center of the international movement opposing South Africa's United Nations General Assembly Resolution 1761 was passed on 6 November 1962 in response to the Racist policies of Apartheid Artists United Against Apartheid was a 1985 protest group founded by activist and performer Steven Van Zandt to protest Apartheid in South Africa Halt All Racist Tours was a group set up in New Zealand in 1969 to protest Rugby union tours to and from Apartheid South Africa. The Organisation of African Unity ( OAU) or Organisation de l'Unité Africaine ( OUA) was established on 25 May 1963. Disinvestment (or divestment from South Africa was first advocated in the 1960s in protest of South Africa's system of Apartheid, but was not implemented on a significant The World Conference against Racism ( WCAR) are international events organized by the UNESCO in order to struggle against racism ideologies and behaviours United Nations Security Council Resolution 181, adopted on August 7, 1963, was concerned with an arms build-up by the Republic of South United Nations Security Council Resolution 191, adopted on June 18, 1964, after reiterating its previous requests of the Republic of South United Nations Security Council Resolution 282, adopted on July 23, 1970, concerned by violations of the arms embargo passed against South United Nations Security Council Resolution 418, passed on 4 November 1977 imposed a mandatory Arms embargo against Apartheid South Africa. Adopted on September 29, 1978, this resolution put forward proposals for a cease-fire and UN-supervised elections in South Africa controlled South-West Africa United Nations Security Council Resolution 591 strengthened the mandatory Arms embargo against Apartheid South Africa imposed by United Nations Security The International Day for the Elimination of Racial Discrimination is observed annually on 21 March. " Biko " is a Protest song by British rock musician Peter Gabriel. The Nelson Mandela 70th Birthday Tribute was a global broadcast event staged on June 11, 1988 at the Wembley Stadium, London Afrikaans is an Indo-European language, derived from 17th century Dutch and classified as Low Franconian Germanic, mainly spoken in Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. Complaints about the system were brought to the United Nations as early as 12 July 1948 when Dr. Events 1191 - Saladin 's garrison surrenders ending the two-year Siege of Acre. Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. Padmanabha Pillai, the representative of India to the United Nations, circulated a letter to the Secretary-General expressing his concerns over treatment of ethnic Indians within the Union of South Africa. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country } The Union of South Africa is the historic predecessor to the present-day state of the Republic of South Africa. ^[3] As it became more widely known, South African apartheid was condemned internationally as unjust and racist and many decided that a formal legal framework was needed in order to apply international pressure on the South African government. List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that

In 1971, the Union of Soviet Socialist Republics and Guinea together submitted early drafts of a convention to deal with the suppression and punishment of apartheid. Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 Guinea, officially Republic of Guinea (pronounced /ˈgɪni/ République de Guinée is a country in West Africa, formerly known as French Guinea ^[4] In 1973, the General Assembly of the United Nations agreed on the text of the International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA). Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar. Membership For two articles dealing with membership in the General Assembly see General Assembly members ^[2] The Convention has 31 signatories and 107 parties.

"As such, apartheid was declared to be a crime against humanity, with a scope that went far beyond South Africa. In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of While the crime of apartheid is most often associated with the racist policies of South Africa after 1948, the term more generally refers to racially based policies in any state. "^[5]

Seventy-six other countries subsequently signed on, but a number of nations have neither signed nor ratified the ICSPCA, including Canada, France, Germany, Israel, Italy, the Netherlands, the United Kingdom and the United States. ^[6] In explanation of the US vote against the convention, Ambassador Clarence Clyde Ferguson Jr. said: "[W]e cannot. Clarence Clyde Ferguson Jr (1924-1983 was a professor of law and an United States Ambassador to Uganda. . . accept that apartheid can in this manner be made a crime against humanity. Crimes against humanity are so grave in nature that they must be meticulously elaborated and strictly construed under existing international law. . . "^[7]

The International Criminal Court provides for individual criminal responsibility for crimes against humanity,^[8] including the crime of apartheid. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against ^[9]

The International Criminal Court (ICC) came into being on 1 July 2002, and can only prosecute crimes committed on or after that date. The Court can generally only exercise jurisdiction in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. As of April 2007, 104 countries are states parties, and a further 41 countries have signed but not yet ratified the treaty. The States Parties to the Rome Statute of the International Criminal Court are those countries that have ratified or acceded to the Rome Statute, the ^[10] However, many of the world's most populous nations, including China, India, the United States, Indonesia, Pakistan, and Japan, are not parties to the Court and therefore are not subject to its jurisdiction, except by Security Council referral. China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country The United States of America —commonly referred to as the The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and For a topic outline on this subject see List of basic Japan topics.

ICSPCA definition of the crime of apartheid

Article II of the ICSPCA defines the crime of apartheid as follows:

International Convention on the Suppression and Punishment of the Crime of Apartheid,
Article II^[2]

For the purpose of the present Convention, the term 'the crime of apartheid', which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following 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:

1. Denial to a member or members of a racial group or groups of the right to life and liberty of person
   1. By murder of members of a racial group or groups;
   2. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
   3. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
2. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
3. Any legislative measures and other measures calculated to prevent a racial 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 basic human rights and freedoms, including the right to work, the right to form recognised trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
4. Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
5. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
6. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. Southern Africa is the Southernmost Region of the African Continent, variably defined by Geography or Geopolitics. The term race or racial group usually refers to the concept of categorizing Humans into Populations or groups on the basis of various sets Right to life is a phrase that describes the belief that a Human being has an essential Right to live particularly that a human being has the right not to be Liberty, the freedom to act or believe without being stopped by unnecessary force Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental is intentionally Ethnic cleansing is a Euphemism referring to the persecution through imprisonment expulsion or killing of members of an ethnic minority by a majority to achieve ethnic homogeneity The Right to work is the concept that people have a human right to work and may not be prevented from doing so A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming Illegal emigration refers to migration of people across national borders which violates the Emigration laws of the country of origin The term right of return refers to the principle in International law that members of an Ethnic or National group have a right to Immigration Nationality law is the branch of a country's legal system wherein legislation custom and court precedent combine to define the ways in which that country's Nationality and Freedom of movement, mobility rights or the right to travel is a Human rights concept which is respected in the Constitutions of numerous Freedom of speech is the freedom to speak freely without Censorship or Limitation. Freedom of assembly, sometimes used interchangeably with the Freedom of association, is the Individual right to come together with other individuals and collectively Freedom of association is the Individual right to come together with other individuals and collectively express promote pursue and defend common interests A ghetto is described as a "portion of a city in which members of a minority group live especially because of social legal or economic pressure Expropriation refers to Confiscation of Private property with the stated purpose of establishing social equality. Unfree labour is a generic or collective term for those work relations especially in modern or early modern history in which people are employed against their will Persecution is the systematic mistreatment of an individual/group by another group

ICC definition of the crime of apartheid

Article 7 of the Rome Statute of the International Criminal Court defines crimes against humanity as:

Article 7

Crimes against humanity

1. For the purpose of this Statute, 'crime against humanity' means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
   1. Murder;
   2. Extermination;
   3. Enslavement;
   4. Deportation or forcible transfer of population;
   5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
   6. Torture;
   7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
   8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
   9. Enforced disappearance of persons;
   10. The crime of apartheid;
   11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the Treaty ^[11]

Later in Article 7, the crime of apartheid is defined as:

The 'crime of apartheid' means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalised 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. ^[11]

See also

• Racial segregation

References