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Encyclopedia > Crime of apartheid

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." It lists such crimes as murder, enslavement, deprivation of physical liberty, forced relocation, sexual violence, and collective persecution.[1] Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... This article is in need of attention. ... Slave redirects here. ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... Population transfer is a term referring to a policy by which a state, or international authority, forces the movement of a large group of people out of a region, most frequently on the basis of their ethnicity or religion. ... For the domesticated crop plant called rape, see rapeseed. ... Collective punishment is the punishment of a group of people for the crime(s) of a few or even of one. ...


In 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." The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The United Nations General Assembly (GA) is one of the five principal organs of the United Nations. ...

Contents

History

International opposition
to Apartheid in South Africa
Campaigns

Disinvestment · Academic boycott A beach, in apartheid South Africa, 1982. ... A beach, in apartheid South Africa, 1982. ... This article is about the country on the southern tip of the African continent. ... The campaign gained prominence in the mid-1980s on university campuses in the US. The debate headlined the October 1985 issue (above) of Vassar Colleges student newspaper. ... 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 African National Congress, with the goal of using such international pressure to force the end South Africas system of apartheid. ...

Instruments and legislation

UN Resolution 1761 (1962)
Crime of Apartheid Convention (1973)
Gleneagles Agreement (1977)
Sullivan Principles (1977)
Comprehensive Anti-Apartheid Act (1986) United Nations General Assembly Resolution 1761 was passed on 6 November 1962 in response to the racist policies of apartheid established by the South African Government. ... The Gleneagles Agreement was unanimously approved by the Commonwealth of Nations at a meeting at Gleneagles, Auchterarder, Scotland. ... The Sullivan Principles were developed in 1977 by the Rev. ... This page is a candidate for speedy deletion. ...

Organisations

Anti-Apartheid Movement
UN Special Committee against Apartheid
Artists United Against Apartheid
Halt All Racist Tours Anti-Apartheid Movement, originally known as the Boycott Movement, was a British organization that was at the center of the international movement opposing South Africas system of apartheid and supporting South Africas Blacks. ... United Nations General Assembly Resolution 1761 was passed on 6 November 1962 in response to the racist policies of apartheid established by the South African Government. ... Artists United Against Apartheid was a protest group founded by activist performer Steven van Zandt to protest the existence of 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. ...

Conferences

1964 Conference for Economic Sanctions
1978 World Conference against Racism The campaign gained prominence in the mid-1980s on university campuses in the US. The debate headlined the October 1985 issue (above) of Vassar Colleges student newspaper. ... The World Conference against Racism (WCAR) are international events organized by the UNESCO in order to struggle against racism ideologies and behaviours. ...

Other aspects

Elimination of Racism Day
Biko (song) · Activists The International Day for the Elimination of Racial Discrimination is observed annually on 21 March. ... Biko is a protest song by British singer Peter Gabriel, about Steve Biko, a South African anti-apartheid campaigner who died in police custody in 1977. ...

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The term apartheid, from Dutch for "apartness," was the official name of the South African system of racial segregation which existed after 1947. Complaints about the system were brought to the United Nations as early as 12 July 1948 when Dr. 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.[3] As it became more widely known, South African apartheid was condemned internationally as unjust and racist and many[attribution needed] decided that a formal legal framework was needed in order to apply international pressure on the South African government. For the legal definition of apartheid, see the crime of apartheid. ... Year 1947 (MCMXLVII) was a common year starting on Wednesday (link will display full 1947 calendar) of the Gregorian calendar. ... is the 193rd day of the year (194th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... Motto Ex Unitate Vires (Latin: From Unity, strength} Anthem Die Stem van Suid-Afrika Capital Cape Town (legislative) Pretoria (administrative) Bloemfontein (judicial) Language(s) Afrikaans, Dutch, English Government Constitutional monarchy Monarch  - 1952-1961 Queen Elizabeth II Governor-General  - 1959-1961 Charles Robberts Swart Prime Minister  - 1958-1961 Hendrik Frensch Verwoerd... 1. ...


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.[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).[2] The Convention has 31 signatories and 107 parties. Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... Soviet redirects here. ... For the song by James Blunt, see 1973 (song). ... United Nations General Assembly The United Nations General Assembly is one of the six principal organs of the United Nations. ...


"As such, apartheid was declared to be a crime against humanity, with a scope that went far beyond South Africa. While the crime of apartheid is most often associated with the racist policies of South Africa after 1947, the term more generally refers to racially based policies in any state."[5] In international law, a crime against humanity consists of acts of persecution or any large scale atrocities against a body of people, as being the criminal offence above all others. ... It has been suggested that this article or section be merged into apartheid. ...


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. [1]


The International Criminal Court provides for individual criminal responsibility for crimes against humanity,[6] including the crime of apartheid.[7] Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...


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.[8] However, many of the world's most populous nations,[original research?] 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. “Security Council” redirects here. ... The States Parties to the Rome Statute of the International Criminal Court are those countries that have ratified or acceded to the Rome Statute of the International Criminal Court. ...


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:
The Rex Theatre for Colored People Racial segregation is characterised by separation of different races in daily life, such as eating in a restaurant, drinking from a water fountain, using a rest room, attending school, going to the movies, or in the rental or purchase of a home[1]. Segregation... Categories: Africa geography stubs | Southern Africa ... The Inhumans are a fictional race of superhumans in the Marvel Comics universe, created by Stan Lee and Jack Kirby. ... Domination is a supreme or preeminate control, rule, or governing; plural dominion. ... For other uses, see Race (disambiguation). ...

  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.

The term right to life is a political term used in controversies over various issues that involve the taking of a life (or what is perceived to be a life). ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... The medical idea of (grievous) bodily harm is more specific than legal ideas of assault or violence in general, and distinct from property damage. ... Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. ... Torture, according to international law, is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has... Ethnic cleansing refers to various policies or practices aimed at the displacement of an ethnic group from a particular territory. ... ... A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... Illegal emigration may occur in countries where emigration is not allowed, or is restricted. ... 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 and naturalization into the country that they, the destination country, or both consider to be that groups homeland, independent of prior personal citizenship in... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precedent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Title page of a European Union member state passport. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... A ghetto is an area where people from a specific racial or ethnic background live as a group in seclusion, voluntarily or involuntarily. ... In the Roman Catholic Church, a mixed marriage is a marriage between a Catholic and a non-Catholic. ... Expropriation is the act of removing from control the owner of an item of property. ... Unfree labour is a generic or collective term for forms of work, especially in modern or early modern history, in which adults and/or children are employed without wages, or for a minimal wage. ... Look up Persecution in Wiktionary, the free dictionary. ... A segregated beach in South Africa, 1982. ...

ICC definition of the crime of apartheid

Article 7 of the Rome Statute of the International Criminal Court defines crimes against humanity as: Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International...

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.[9]

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.[9]

See also

The Rex Theatre for Colored People Racial segregation is characterised by separation of different races in daily life, such as eating in a restaurant, drinking from a water fountain, using a rest room, attending school, going to the movies, or in the rental or purchase of a home[1]. Segregation...

References

  1. ^ United Nations (2002). Rome Statute of the International Criminal Court, Part 2, Article 5. Retrieved on 21 July 2007.
  2. ^ a b c United Nations (30 November). International Convention on the Suppression and Punishment of the Crime of Apartheid. Retrieved on 8 October 2006.
  3. ^ Pillai, Padmanabha (12 July). Letter from the representative of India to the Secretary-General concerning the treatment of Indians in South Africa. Retrieved on 17 July 2006.
  4. ^ (1973) in Olav Stokke and Carl Widstrand: Southern Africa Vol. 1: United Nations-Organization of African Unity Conference Oslo 9-14 April 1973. Scandinavian Institute of African Studies. 
  5. ^ Morton, Jeffrey S. (2000). The International Law Commission of the United Nations. University of South Carolina Press, 27. ISBN 1570031703. 
  6. ^ Encyclopædia Britannica, "Nonstate actors in international law". Retrieved on June 12, 2006.
  7. ^ Article 7 of the Rome Statute of the International Criminal Court specifically lists the "crime of apartheid" as one of eleven recognized crimes against humanity.
  8. ^ United Nations. Multilateral treaties deposited with the Secretary-General: Rome Statute of the International Criminal Court. Accessed 16 July 2007.
  9. ^ a b United Nations (2002). Rome Statute of the International Criminal Court, Part 2, Article 7. Retrieved on 21 July 2007.

  Results from FactBites:
 
Crime of apartheid - Wikipedia, the free encyclopedia (1129 words)
This article is about the crime of apartheid as defined by a convention and a treaty promulgated by the United Nations.
The "crime of apartheid" is defined by the 2002 treaty establishing the International Criminal Court
(h) 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".
Israel's Apartheid: A Crime against Humanity (by Arjan El Fassed) - Media Monitors Network (2456 words)
Apartheid is a system of institutionalized racial segregation and discrimination for the purpose of establishing and maintaining domination by one racial group of persons over another racial group of persons and systematically oppressing them, such as that pursued by South Africa before the end of its apartheid-regime.
The crime of apartheid is closely associated with the crime of genocide, and its authors and perpetrators will undoubtedly one day be called upon to account for their actions, and held liable to compensate their victims.
Moreover, a "crime of apartheid" in particular includes the denial to members of a racial group or groups basic human rights including the right to leave and to return to their country, the right to a nationality, and the right to freedom of movement and residence.
  More results at FactBites »


 

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