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.
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