136 COLUM. J. RACE & L. [Vol. 11:83 derogable rights listed in Article 4 of the ICCPR and Article 27 of the American Convention on Human Rights.231 In January 2019, the Commission published the most recent report by Special Rapporteur Tladi on peremptory norms of general international law. While the report includes the prohibition of apartheid and racial discrimination in its illustrative list of jus cogens norms,232 the report stresses that the content of the norm is “a composite act” made up of “the prohibition of apartheid with racial discrimination as an integral part of that.”233 It is important to note, however, that almost all of the sources which the report draws upon to establish its definition identify racial discrimination as a separate and distinct jus cogens norm, with the prohibition on racial discrimination generally defined in terms of severe or systematic forms of racial discrimination.234 As part of his line of reasoning, the Rapporteur refers to the International Convention on the Suppression and Punishment of the Crime of Apartheid (Apartheid Convention)235 and the definition of apartheid contained therein as a potential indicator of the scope of the content of this peremptory norm.236 Crucially, Article 2 of the Apartheid Convention provides that the term “the crime of apartheid,” includes, inter alia, at Article 2(c): [A]ny 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 231 LAURI HANNIKAINEN, PEREMPTORY NORMS (JUS COGENS) IN INTERNATIONAL LAW: HISTORICAL DEVELOPMENT, CRITERIA, PRESENT STATUS 340–42 (1988). 232 Special Rapporteur, Fourth Report on Jus Cogens, supra note 212, ¶ 60. 233 Id. ¶ 91. 234 See, e.g., JOHN DUGARD, RECOGNITION AND THE UNITED NATIONS 156–58 (1987); Alain Pellet, Comments in Response to Christine Chinkin and in Defense of Jus Cogens as the Best Bastion Against the Excesses of Fragmentation, 17 FINNISH Y.B. INT’L L. 83, 85 (2006); Barcelona Traction, supra note 216. 235 International Convention on the Suppression and Punishment of the Crime of Apartheid, Nov. 30, 1973, 1015 U.N.T.S. 243 [hereinafter Apartheid Convention]. 236 Special Rapporteur, Fourth Report on Jus Cogens, supra note 212, ¶ 91.