Knowra Crime of apartheid Crime of apartheid The crime of apartheid is an inhumane act committed within an institutionalized regime of systematic racial oppression and domination, with intent to maintain that regime.
Apartheid Convention : The 1973 United Nations treaty that defines apartheid as an international crime and obliges states to prevent and punish it. Its definition and list of prohibited acts helped shape the crime’s treaty-law formulation.
Inhumane acts : Acts that cause great suffering or serious injury to body, mental health, or physical health, as defined in international criminal law. The underlying conduct must qualify as an inhumane act under the applicable legal framework.
Apartheid : The system of legally enforced racial segregation and white minority rule established in South Africa from 1948 to the early 1990s. The international crime takes its name from the South African regime that prompted global condemnation.
Genocide : Acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. Genocide requires destructive intent, while apartheid requires intent to maintain a regime of domination.
Universal jurisdiction : A principle allowing states to prosecute certain serious international crimes regardless of where they occurred or the nationality of those involved. The Apartheid Convention calls on states parties to prosecute or extradite persons accused of the crime.
Rome Statute : The treaty establishing the International Criminal Court and defining crimes within its jurisdiction. Article 7 sets out the crime of apartheid as a crime against humanity.
Widespread or systematic attack : A course of conduct involving multiple acts against civilians that is extensive in scale or organized and non-accidental. The Rome Statute requires the apartheid acts to occur within this broader attack.
Nuremberg Charter : The 1945 agreement establishing the International Military Tribunal and defining its jurisdiction over major Nazi crimes. Its crimes-against-humanity framework preceded the later codification of apartheid as an international crime.
War crimes : Serious violations of international humanitarian law that incur individual criminal responsibility, particularly during armed conflict. Apartheid does not depend on an armed conflict or a breach of the laws of war.
International criminal law : The body of law establishing individual criminal responsibility for offenses recognized by the international community. Apartheid is an international crime prosecuted through this legal field.
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