2021] NATIONALITY LAWS 137 group or groups basic human rights and freedoms, including the right to work . . . the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association.237 Under the Apartheid Convention, the key elements required to meet the definition of “the crime of apartheid” in Article 2(c) appear to be that: first, there is a denial of members of a racial group or groups of a basic human right or freedom (including, among others listed, the right to nationality); second, that the denial of rights is undertaken by legislative or other measures; third, that those measures are calculated to prevent the racial group from participation in the political, social, economic, and cultural life of the country, and deliberately create conditions preventing the full development of the group or groups; and fourth, that the acts are inhuman and committed for the purposes of maintaining the dominance of one racial group over another and systematically oppressing the dominated group. 238 At its most exacting, then, the jus cogens norm of nondiscrimination prohibits forms of racial discrimination that rise to the level of invidious discrimination, with apartheid positioned as a paradigmatic example. This formulation departs in some measure from the more frequent understanding of racial nondiscrimination as a separate jus cogens norm, and represents a particularly high bar for establishing peremptoriness. 239 Particularly noteworthy is the requirement for intention to be present. Yet, even under this formulation, many manifestations of denial or deprivation of nationality meet the more exacting 237 Apartheid Convention, supra note 235, art. 2 (emphasis added). 238 See FitzGerald, supra note 35, at 143 (discussing South Africa’s racialized system of nationality, which “denationalize[d] the majority black population . . . by assigning their nationality to the fictive new states and stripping them of their South African nationality.”). See also John Dugard, South Africa’s Independent Homelands: An Exercise in Denationalization, 10 DENV. J. INT’L L. & POL’Y 11 (1980). 239 But see Int’l L. Comm’n, Provisional Summary Record of the 3472nd Meeting, U.N. Doc. A/CN.4/SR.3427 (July 9, 2019) (noting that following on the debate in the plenary, the Special Rapporteur in his revised proposal included only “the prohibition of apartheid,” omitting the words “racial discrimination.” The Drafting Committee decided to retain the reference to composite act of the prohibition of racial discrimination and apartheid.).