practiced in southern Africa,”385 and lists the acts to which the crime applies,
namely; “murder, torture, inhuman treatment and arbitrary arrest of
members of a racial group; deliberate imposition on a racial group of living
conditions calculated to cause its physical destruction; legislative measures
that discriminate in the political, social, economic and cultural fields; […] and
the persecution of persons opposed to apartheid.”386 The Convention adds
that, “International criminal responsibility shall apply, irrespective of the
motive involved, to individuals, members of organizations and institutions
and representatives of the State.”387
Without detracting from specifies of each conflict, Israel’s suppression of
resistance has similarities with the policies implemented during apartheid
South Africa against blacks, especially extrajudicial killings and mass
imprisonment. In apartheid South Africa the extrajudicial killings, including
targeted killings, of members of the liberation movement were a common
occurrence.388 The Truth and Reconciliation Commission of South Africa
Report (TRC Report) specifically mentioned the use of targeted extrajudicial
killings with the purpose of suppressing resistance to the apartheid regime as
a policy.389 The Report also highlighted the existence of effective “condonation
and tolerance of extrajudicial killings, which [led] to a culture of impunity
throughout the [South African] security forces.”390
The policies carried out by Israel show the intentional persecution of all
those who challenge the domination of Palestinians in the oPt. Israel subjects
Palestinians to; extrajudicial killings, including targeted killings, torture and
other cruel, inhuman, and degrading treatment, as well as arbitrary arrests
and illegal imprisonment; acts that are included within the Apartheid
Convention.391
Israeli policies covered in Chapter 3 of this paper, namely, the suppression
of Palestinian human rights organizations and defenders, of Palestinian civil
society in general, and the forced closure of charitable, educational, and
cultural organizations is directly relevant to the provisions of the Convention.392
385 International Convention on the Suppression and Punishment of the Crime of Apartheid, Article 2
386 John Dugard, Convention on the Suppression and Punishment of the Crime of Apartheid - Introductory
Note, 30 November 1973. Available at: http://legal.un.org/avl/ha/cspca/cspca.html
387 International Convention on the Suppression and Punishment of the Crime of Apartheid, Article 3
388 Truth and Reconciliation Commission (TRC), TRC Final Report, Volume 6, Section 3, Chapter 1, p. 192
389 TRC, TRC Final Report Volume 2, Chapter 3, pages 205-215
390 TRC, TRC Final Report Volume 6, Section 3, Chapter 6, Part 2, p. 509. The Report identifies phrases
used in security documents and Parliamentary speeches which implied killing with impunity of
resistance members
391 International Convention on the Suppression and Punishment of the Crime of Apartheid, Article 2(a)
392 Ibid, Articles 2(c) and 2(f)
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