International law
editThe crime of apartheid first became part of international law in 1973 when the International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA) was adopted by the United Nations General Assembly.[1] The ICSPCA defines the crime of apartheid as "inhuman acts committed for the purpose of establishing and maintaining domination by one racial group ... over another racial group ... and systematically oppressing them," and states that the crime of apartheid includes similar policies and practices of racial segregation and discrimination as those that were practiced in southern Africa.[2] The definition of the crime of apartheid in the ICSPCA is not limited to comparisons to the South African regime.[3][4]
In 2002, a statutory definition of the crime of apartheid was provided by Article 7 of the Rome Statute of the International Criminal Court. The crime of apartheid was included as one of several crimes against humanity, and encompassed inhumane acts such as torture, murder, forcible transfer, imprisonment, or persecution of an identifiable group on political, racial, national, ethnic, cultural, religious, or other grounds, "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any racial group or groups and committed with the intention of maintaining that regime."[5]
In a 2007 report, United Nations Special Rapporteur for Palestine John Dugard stated that "elements of the [Israeli] occupation constitute forms of colonialism and of apartheid, which are contrary to international law" and suggested that the "legal consequences of a prolonged occupation with features of colonialism and apartheid" be put to the International Court of Justice.[6] South Africa's statutory research agency the Human Sciences Research Council (HSRC) stated in a 2009 report that "the State of Israel exercises control in the [Occupied Palestinian Territories] with the purpose of maintaining a system of domination by Jews over Palestinians and that this system constitutes a breach of the prohibition of apartheid."[4]
The question of whether Israelis and Palestinians can be said to constitute "racial groups" has been a point of contention in regard to the applicability of the ICSPCA and Article 7 of the Rome Statute. Political writer Ronald Bruce St John has argued that in regards to the ICSPCA "Israeli policy in the West Bank cannot technically be defined as apartheid because it lacks the racial component". However he then states that with the 2002 introduction of the Rome Statute of the International Criminal Court "the emphasis shifts to an identifiable national, ethnic or cultural group, as opposed to a racial group," in which case "Israeli policy in the West Bank clearly constitutes a form of apartheid with an effect on the Palestinian people much the same as apartheid had on the non-White population in South Africa."[1] The HSRC's 2009 report states that in the Occupied Palestinian Territories, Jewish and Palestinian identities are "socially constructed as groups distinguished by ancestry or descent as well as nationality, ethnicity, and religion. On this basis, the study concludes that Israeli Jews and Palestinian Arabs can be considered 'racial groups' for the purposes of the definition of apartheid in international law."[4]
Activists for Palestinian rights have also accused Israel of committing the crime of apartheid.[7] For example, in 2006, at the UN-sponsored International Conference of Civil Society in Support of the Palestinian People, Phyllis Bennis, co-chair of the International Coordinating Network on Palestine alleged that "Once again, the crime of apartheid [is] being committed by a United Nations Member State [Israel]."[8] Zahir Kolliah has written that "In South Africa and in Palestine the indigenous populations live under apartheid regimes 'settler colonies' as described by the International Convention on the Suppression and Punishment of the Crime of Apartheid".[9] Hazeem Jamjoum states in a 2009 article that "In terms of law, describing Israel as an apartheid state does not revolve around levels of difference and similarity with the policies and practices of the South African Apartheid regime" because apartheid is a universal crime under international law.[10]
References
edit- ^ a b Ronald Bruce St John (February 1, 2007). "Apartheid By Any Other Name". Foreign Policy in Focus. Retrieved 2010-04-26.
In 1973, the UN General Assembly adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid.
- ^ United Nations (30 November 2006). "International Convention on the Suppression and Punishment of the Crime of Apartheid" (PDF). Retrieved 25 April 2010.
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...
- ^ Dugard, John, Audiovisual Library of International Law, UN Treaty Organization http://untreaty.un.org/cod/avl/ha/cspca/cspca.html, retrieved 26 April 2010,
That the Apartheid Convention is intended to apply to situations other than South Africa is confirmed by its endorsement in a wider context in instruments adopted before and after the fall of apartheid.
{{citation}}: Missing or empty|title=(help); Unknown parameter|Title=ignored (|title=suggested) (help) - ^ a b c Middle East Project of the Democracy and Governance Programme, Human Sciences Research Council of South Africa (May 2009), Occupation, Colonialism, Apartheid? A re-assessment of Israel’s practices in the occupied Palestinian territories under international law, Cape Town, South Africa: Human Sciences Research Council, p. 17-22, retrieved 2010-04-24,
... practices in South Africa are not the test or benchmark for a finding of apartheid elsewhere, as the principal instrument which provides this test lies in the terms of the Apartheid Convention itself.
{{citation}}: CS1 maint: date and year (link) - ^ United Nations (2002), Rome Statute of the International Criminal Court, Part 2, Article 7 (PDF), p. 5-6, retrieved 26 April 2010
- ^ Dugard, John, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, John Dugard (PDF), p. 3,
The international community has identified three regimes as inimical to human rights - colonialism, apartheid and foreign occupation. Israel is clearly in military occupation of the OPT. At the same time elements of the occupation constitute forms of colonialism and of apartheid, which are contrary to international law. What are the legal consequences of a regime of prolonged occupation with features of colonialism and apartheid for the occupied people, the occupying Power and third States? It is suggested that this question might appropriately be put to the International Court of Justice for a further advisory opinion.
- ^ MacAllister, Karine (2008). "Applicability of the Crime of Apartheid to Israel". al-Majdal. BADIL.
- ^ Cite error: The named reference
Stopthewall2006was invoked but never defined (see the help page). - ^ Kolliah, Zahir (25 February 2007). "The South African Connection". Coalition Against Israeli Apartheid. Retrieved 3 March 2010.
- ^ Jamjoum, Hazeem (5 April 2009). "Not an Analogy: Israel and the Crime of Apartheid". Coalition Against Israeli Apartheid. Retrieved 3 March 2010.
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