Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-23T12:34:55.247Z Has data issue: false hasContentIssue false
  • English
  • Français

Chapter 5: The Practices of Apartheid as a War Crime: A Critical Analysis

Published online by Cambridge University Press:  02 February 2015

Paul Eden
Get access

Abstract

The human suffering caused by the political ideology of apartheid in South Africa during the Apartheid era (1948–1994) prompted worldwide condemnation and a variety of diplomatic and legal responses. Amongst these responses was the attempt to have apartheid recognised both as a crime against humanity in the 1973 Apartheid Convention as well as a war crime in Article 85(4) (c) of Additional Protocol I. This article examin'es the origins, nature and current status of the practices of apartheid as a war crime and its possible application to the Israeli-Palestinian conflict.

Keywords

ApartheidWar crimesCrimes against humanityInternational criminal lawAdditional Protocol I (AP I)The Statute of the International Criminal Court (the ICC Statute)The ICRC customary international humanitarian law projectThe Israeli-Palestinian conflictThe principle of legality (nullum crimen, nulla poena sine lege)
Type
Part II: Other Articles
Information
Yearbook of International Humanitarian Law , Volume 16 , December 2013 , pp. 89 - 117
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2013 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)