the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them, in particular by means such as segregation, expropriation of land, and denial of the right to leave and return to their country, the right to a nationality and the right to freedom of movement and residence (Article II). The Rome Statute defines apartheid as inhumane acts “committed in the context of an institutionalized 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.” Apartheid constitutes a crime against humanity. Members of organizations and agents of an apartheid state are subject to criminal prosecution, irrespective of the motive involved, and whenever they commit, participate in, directly incite or inspire, directly abet, encourage or cooperate in the commission of the crime of apartheid (Article III, 1976 anti-Apartheid Convention). All states are obliged to condemn, suppress and punish those involved in the crime of apartheid.75 John Dugard among others,76 identified elements of apartheid in the Palestinian context, and underscored the fact that the international community’s continuing acquiescence in this area is “inimical to human rights.”77 Dugard further concluded that: [...] on the basis of the systemic and institutionalized nature of the racial domination that exists, there are indeed strong grounds to conclude that a system of Apartheid has developed in the occupied Palestinian territory. Israeli practices in the occupied territory are not only reminiscent of – and, in some cases, worse than – Apartheid as it existed in South Africa, but are in breach of the legal prohibition of Apartheid.78 75 See, for example: Clark, Roger S., “Apartheid”, International Criminal Law, Second Edition, Volume I, Edt. Bassiouni, M. Cherif, 1991, p. 645. 76 See A/HRC/16/72, para. 8, A/HRC/4/17, p. 3; Russell Tribunal on Palestine, Cape Town Session, http:// www.russelltribunalonpalestine.com/en/sessions/south-africa/south-africa-session-%E2%80%94-fullfindings/cape-town-session-summary-of-findings; The Human Sciences Research Council, http://www. alhaq.org/attachments/article/236/Occupation_Colonialism_Apartheid-FullStudy.pdf; A/HRC/25/67, 13 January 2014, p. 20. 77 “Israel is clearly in military prolonged occupation of the occupied Palestinian territory. At the same time elements of the prolonged occupation constitute forms of colonialism and of Apartheid, which are contrary to international law.” “Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Dugard, John, Implementation of General Assembly Resolution 60/251 Of 15 March 2006”, A/HRC/4/17, 29 January 2007. 78 John Dugard and John Reynolds, Apartheid, International Law, and the Occupied Palestinian Territory, The European Journal of International Law Vol. 24 no. 3 EJIL (2013), Vol. 24 No. 3, pp. 867–913. 26