International Law on the Suppression and Punishment of the Crime of Apartheid
The International Convention on the Suppression and Punishment of the Crime of Apartheid was adopted by the General Assembly in 1973, with 91 votes in favour, four against (Portugal, South Africa, the United Kingdom, and the United States), and 26 abstentions. It came into force on July18, 1976, and has now been ratified by 109 states. Israel, the United States, the United Kingdom, Canada and many European countries have not ratified the Convention.
Additional Protocol I of the Geneva Conventions of 1949 recognized apartheid as a "grave breach" of the Protocol in 1977 regardless of geographic location.
The Draft Code of Crimes against the Peace and Security of Mankind recognizes apartheid as a crime on the basis of institutionalized racial discrimination as a species of crimes against humanity.
The Rome Statute of the International Criminal Court (1988) included the crime of apartheid as a crime against humanity.
The International Convention on the Suppression and Punishment
of the Crime of Apartheid
Article I
1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.
Article II
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 practiced 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:
(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person:
(i) By murder of members of a racial group or groups;
(ii) 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;
(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
(c) 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 recognized 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;
d) 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;
(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.
The full text can be found here.
This article was published in
Volume 53 Number 23 - November 2023
Article Link:
https://cpcml.ca/Tmlm2023/Articles/MS532317.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca