The term apartheid, from Afrikaans Elsewhere in Africa, notably Botswana, Zambia, Malawi, Zimbabwe, Lesotho and Swaziland for "apartness," was the official name of the South African system of racial segregation Bantustan · District Six · Robben Island which existed after 1948. Complaints about the system were brought to the United Nations as early as 12 July 1948 when Dr. Padmanabha Pillai, the representative of India India, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with 1.18 billion people, and the most populous democracy in the world. Mainland India is bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal on the 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 The Union of South Africa is the historic predecessor to the present-day state of South Africa. It came into being on 31 May 1910 with the unity of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State. Following the First World War, the Union of South Africa was granted the administration of the German South-.^[2] As it became more widely known, South African apartheid was condemned internationally as unjust and racist CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR and many decided that a formal legal framework was needed in order to apply international pressure on the South African government.

In 1971, the Union of Soviet Socialist Republics The Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the Russian: Союз Советских Социалистических Республик (help·info), tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, IPA [sɐˈjʊs sɐˈvʲeʦkʲɪx səʦɪ and Guinea Guinea , is a country in West Africa. Formerly known as French Guinea (Guinée française), it is today sometimes called Guinea-Conakry to distinguish it from its neighbor Guinea-Bissau. Conakry is the capital, the seat of the national government, and the largest city together submitted early drafts of a convention to deal with the suppression and punishment of apartheid.^[3] In 1973, the General Assembly of the United Nations The United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation. Its powers are to oversee the budget of the United Nations, appoint the non-permanent members to the Security Council, receive reports from other parts of the United Nations and make agreed on the text of the International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA).^[1] The Convention has 31 signatories and 107 parties.

"As such, apartheid was declared to be a crime against humanity Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a, 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 1948, the term more generally refers to racially based policies in any state."^[4]

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, Australia, New Zealand and the United States.^[5] In explanation of the US vote against the convention, Ambassador Clarence Clyde Ferguson Jr. said: "[W]e cannot...accept that apartheid can in this manner be made a crime against humanity. Crimes against humanity are so grave in nature that they must be meticulously elaborated and strictly construed under existing international law..."^[6]

In 1977, Addition Protocol 1 to the Geneva Conventions designated apartheid as a grave breach of the Protocol and a war crime. There are 169 parties to the Protocol.^[7]

The International Criminal Court The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression) provides for individual criminal responsibility for crimes against humanity,^[8] including the crime of apartheid.^[9]

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 The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military. The ICC exercises complimentary jurisdiction. Many of the member states have provided their own national courts with universal jurisdiction over the same offenses and do not recognize any statute of limitations for crimes against humanity.^[10] As of July 2008, 106 countries are states parties The States Parties to the Rome Statute of the International Criminal Court are those countries that have ratified or acceded to the Rome Statute, the treaty that established the International Criminal Court. As of 24 March 2010, 111 states are members of the Court. A further 37 states have signed but not ratified the treaty, and several states (with Suriname Suriname (pronounced /ˈsʊɹɪnɑm/ , Dutch: Suriname; Sarnami: शर्नम् Sarnam, Sranan Tongo: Sranangron or Sranankondre), officially the Republic of Suriname, is a country in northern South America and Cook Islands The Cook Islands /ˈkʊk ˈaɪləndz/ (Cook Islands Māori: Kūki 'Āirani) is a self-governing parliamentary democracy in free association with New Zealand. The fifteen small islands in this South Pacific Ocean country have a total land area of 240 square kilometres (92.7 sq mi), but the Cook Islands Exclusive Economic Zone (EEZ) covers 1.8 set to join in October 2008), and a further 40 countries have signed but not yet ratified the treaty.^[11] However, many of the world's most populous nations, including China China is seen variously as an ancient civilization extending over a large area in East Asia, a nation and/or a multinational entity, India India, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with 1.18 billion people, and the most populous democracy in the world. Mainland India is bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal on the, the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language, Indonesia Indonesia , officially the Republic of Indonesia (Indonesian: Republik Indonesia), is a country in Southeast Asia and Oceania. Indonesia comprises 17,508 islands. With a population of around 230 million people, it is the world's fourth most populous country, and has the world's largest population of Muslims. Indonesia is a republic, with an, and Pakistan Pakistan (Urdu pronunciation: [paːkɪsˈtaːn] ( listen)), officially the Islamic Republic of Pakistan (Urdu: اسلامی جمہوریہ پاکِستان), is a country in South Asia. It has a 1,046-kilometre (650 mi) coastline along the Arabian Sea and Gulf of Oman in the south, is bordered by Afghanistan and Iran in the west, and India in the are not parties to the Court and therefore are not subject to its jurisdiction, except by Security Council referral.

The British National Party The British National Party is a far-right political party formed as a splinter group of the National Front by John Tyndall in 1982. Until 2009, when it was challenged in the courts on grounds of racial discrimination, it restricted membership to people of "Caucasian origin", which was founded in the United Kingdom The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land in 1980 and went on to make substantial gains in local council elections (as well as gaining two Members of the European Parliament A Member of the European Parliament is the English name for a person who has been elected to the European Parliament, one of the European Union's two legislative bodies. MEPs are the European Union's equivalents of a country's national legislators in either the lower house or unicameral parliaments, often known as MPs or Deputies. The name of MEPs, includes an equivalent of aparthid in its election manifestos by vowing to give white Britons priorty for housing, education and jobs.[3]

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^[1]

For the purpose of the present Convention, the term 'the crime of apartheid', which shall include similar policies and practices of racial segregation Crime of apartheid · CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR and discrimination as practiced in southern Africa Southern Africa is the southernmost region of the African continent, variably defined by geography or geopolitics. Within the region are numerous territories, including the Republic of South Africa ; nowadays, the simpler term South Africa is generally reserved for the country in English, shall apply to the following inhumane acts committed for the purpose of establishing and maintaining domination by one racial group The term race or racial group usually refers to the categorization of humans into populations or ancestral groups on the basis of various sets of heritable characteristics. The physical features commonly seen as indicating race are salient visual traits such as skin color, cranial or facial features and hair texture. Conceptions of race, as well of persons over any other racial group of persons and systematically oppressing them:

1. Denial to a member or members of a racial group or groups of the right to life Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being. The concept of a right to life is central to debates on the issues of capital punishment, euthanasia, self defense, abortion and war and liberty Liberty is the concept of ideological and political philosophy that identifies the condition to which an individual has the right to behave according to one's own personal responsibility and free will 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 Bodily harm is a legal term of art used in the definition of both statutory and common law offences in England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction. The expression grievous bodily harm or mental harm Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. When that trauma leads to posttraumatic stress disorder, damage may involve physical changes inside the brain and to brain chemistry, which damage the person's ability to adequately cope with stress, 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 work is the concept that people have a human right to work, and may not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to, the right to form recognised trade unions A trade union or labor union (American English) is an organization of workers who have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file members) and negotiates labor contracts (collective bargaining) with, the right to education, the right to leave Illegal emigration refers to a person moving across national borders in a way that violates emigration laws. Such a person may legally go abroad and refuse to return when demanded by the country of origin and to return The term right of return refers to a principle of international law, codified in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, giving any person the right to return and re-enter his country of origin. This principle is sometimes reflected in special consideration in a country's immigration to their country, the right to a nationality Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are transmitted, acquired, or lost, the right to freedom of movement Freedom of movement, mobility rights or the right to travel is a human rights concept that the constitutions of numerous states respect. It asserts that a citizen of a state, in which that citizen is present, generally has the right to leave that state, travel wherever the citizen is welcome, and, with proper documentation, return to that state at and residence, the right to freedom of opinion and expression Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in, and the right to freedom of peaceful assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, a political freedom and a civil liberty and association Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association has been included in a number of national constitutions and human rights instruments, including the US constitution and the European Convention on Human;
4. Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos Ghetto was originally used in Venice to describe the area where Jews were compelled to live. A ghetto is now described as an overcrowded urban area often associated with a specific ethnic or racial population; especially because of social, legal, or economic pressure for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation Expropriation is politically motivated and forceful confiscation and redistribution of private property outside the common law 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 Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. Many of these forms of work may be;
6. Persecution Persecution is the systematic mistreatment of an individual or group by another group. The most common forms are religious persecution, ethnic persecution, and political persecution, though there is naturally some overlap between these terms of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid Bantustan · District Six · Robben Island .

ICC definition of the crime of apartheid

Article 7 of the Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of October 2009, 110 states are party to the statute, and a further 38 states have signed but not ratified the defines crimes against humanity as:

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.^[12]

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.^[12]

Reparations

During 2003, Paul Ngobeni, along with Kweku Hanson, his associate from the Ocwen class action suit, represented three plaintiffs who claimed to represent "all persons who lived in South Africa between 1948 and the present and who suffered damages as a result of apartheid." Punitive and compensatory damages in excess $400 billion were claimed from a "slew" of multinational corporations (including IBM International Business Machines (NYSE: IBM) is a multinational computer, technology and IT consulting corporation headquartered in Armonk, North Castle, New York, United States. IBM is the world's fourth largest technology company and the second most valuable by global brand (after Coca-Cola). IBM is one of the few information technology companies, Citigroup Citigroup Inc. is a major American financial services company based in New York, NY. Citigroup was formed from one of the world's largest mergers in history by combining the banking giant Citicorp and financial conglomerate Travelers Group on April 7, 1998, GE The General Electric Company, or GE , is an American multinational conglomerate corporation incorporated in the State of New York. In 2010, Forbes ranked GE as the world's second largest company, based on a formula that compared the total sales, profits, assets, and market value of several multinational companies. The company has 304,000 employees, DuPont E. I. du Pont de Nemours and Company , commonly referred to as DuPont or Du Pont, is an American chemical company that was founded in July 1802 as a gunpowder mill by Eleuthère Irénée du Pont. DuPont is currently the world's second largest chemical company (behind BASF) in terms of market capitalization and fourth (behind BASF, Dow Chemical and and many others) that did business in apartheid Bantustan · District Six · Robben Island South Africa Coordinates: 29°02′46″S 25°03′47″E / 29.046°S 25.063°E The Republic of South Africa is a country located at the southern tip of Africa, with a 2,798 kilometres coastline on the Atlantic and Indian Oceans. To the north lie Namibia, Botswana and Zimbabwe; to the east are Mozambique and Swaziland; while Lesotho is an independent for violations of international law subject to suit in United States federal district court under the Alien Tort Claims Act, 28 U.S.C. § 1350 (“ATCA”), and other jurisdictional provisions. The Southern District Court of New York under Judge John E. Sprizzo found for defendants’ motion to dismiss the complaint.^[13] That finding was partially vacated by the US Court of Appeal (Second Circuit) in an appeal first lodged in January 2006 and decided in October 2007^[14] but by then Messrs Ngobeni and Hanson were no longer representing the claimants.^[15]

See also

• Racial segregation
• Allegations of Israeli Apartheid
• White Australia Policy

References

1. ^ ^{a b c} United Nations (30 November 2006). "International Convention on the Suppression and Punishment of the Crime of Apartheid". http://www.unhchr.ch/html/menu3/b/11.htm. Retrieved 8 October 2006.
2. ^ Pillai, Padmanabha (12 July 1948). "Letter from the representative of India to the Secretary-General concerning the treatment of Indians in South Africa". http://www.anc.org.za/un/undocs1a.html#2. Retrieved 17 July 2006.
3. ^ Olav Stokke and Carl Widstrand, ed (1973). Southern Africa Vol. 1: United Nations-Organization of African Unity Conference Oslo 9-14 April 1973. Scandinavian Institute of African Studies.
4. ^ Morton, Jeffrey S. (2000). The International Law Commission of the United Nations. University of South Carolina Press. pp. 27. ISBN 1570031703.
5. ^ [1]
6. ^ Statement by Ambassador Clarence Clyde Ferguson Jr. before General Assembly in explanation of vote on Apartheid Convention, 30 November 1973. Review of the U.N. Commission on Human Rights: Hearings before the Subcommittee on International Organizations and Movements of the House Foreign Affairs Committee (1974) p.58
7. ^ See Article 85(4) and 85(5) of Additional Protocol 1, dated 8 June 1977 [2]
8. ^ Encyclopædia Britannica, "Nonstate actors in international law". Retrieved on 12 June 2006.
9. ^ 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.
10. ^ Database of National Implementing Legislation
11. ^ United Nations. Multilateral treaties deposited with the Secretary-General: Rome Statute of the International Criminal Court. Accessed 16 July 2007.
12. ^ ^{a b} United Nations (2002). "Rome Statute of the International Criminal Court, Part 2, Article 7". http://www.un.org/law/icc/statute/99_corr/2.htm#art.7. Retrieved 21 July 2007.
13. ^ "South African Apartheid Litigation". http://www.nftc.org/default/usa%20engage/NYSD%2002md1499%20Opinion%20from%2011-29-04.pdf.
14. ^ "Khulumani v. Barclay National Bank, Ltd., Ntsebeza v. Daimler Chrysler Corp., etc,". http://www.amicc.org/docs/Khulumani%20v%20Barclay%20Natl%20Bank.pdf.
15. ^ http://www.khulumani.net/reparations/corporate.html

Categories: Racial segregation | Human rights instruments | International criminal law | International opposition to apartheid in South Africa | Crimes against humanity | Apartheid

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