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

Published online by Cambridge University Press:  02 February 2015

Paul Eden
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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 

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