RELEVANT PRINCIPLE OF INTERNATIONAL LAW
INTRODUCTION
Respect for the human rights of the people of the world has become one of the basic principles of international law:
- 1. It has been enshrined as such in article 1 of the "Charter of the United Nations" in 1945;
- 2. It has been clarified in an important series of international laws such as the "Universal Declaration of Human Rights" (1948) and two International Covenants protecting civil, political, economic, social and cultural rights (1966).
- 3. In the Vienna Conventions on the Laws of Treaties (1969 and 1986), respect for human rights were named as an important criteria of "Jus Cogens" – a higher law by which all other laws are judged.
- 4. The United Nations declared in the "Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations" (1970), that respect for human rights and the right of self-determination were named amongst the 7 most important principles in international law.
Racism, apartheid, ethnic cleansing and genocide has been declared especially terrible forms of human rights violations because they occur on massive scales, and systematically lead to discrimination, abuse and exploitation based on a personal quality of a group of people (such as race, nationality, religion, etc.) which has nothing to do with qualifications reasonably needed for consideration for making decisions about employment, housing, education, legal treatment, etc. They have thus been labeled “crimes against humanity”.
RACISM: STRUGGLE TO DEFINE
Racism is one of the great sources of man-made suffering in the history of the human species. Among other things, it could be seen as the background attitude behind such terrible things as European Imperialism, American slavery, and the Nazi holocaust. But efforts to eliminate racism did not enter the realm of international law until the latter half of the 20th century when respect for human rights and the right of self-determination became basic principles of international law.
At that time, the United Nations began holding international conferences on eliminating racism, during which the participants finally in 1965 developed an international convention on the topic called "The International Convention on the Elimination of All Forms of Racial Discrimination". In article 1(1) of this convention, they agreed on a definition of racism --
| "Article 1(1). In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life." |
It is important to note that this definition expands the meaning of the term racism to include many more criteria for prejudice and discrimination beyond just race itself. But it is also important to note that the list of criteria has also been limited - for political reasons. The most important detail of this is that this has been done by the USA in support of the State of Israel which has a formal legal system of discrimination based on religion, and thus these countries worked toward keeping the criteria of religion out of the definition of racism to keep Israel out of legal trouble internationally. This is because the Israeli system is based on discrimination by religion - Judaism - as Israel attempts to be "a Jewish State", a "State of the Jewish people", which means by definition that in Israel the Jewish people get special privileges over other groups of people.
Then finally in 2001, at the "World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance", in Durban, South Africa, the world community was able to somewhat include religion (and other criteria) in the definition of racism in exchange for not mentioning or condemning the Israeli system of discrimination in the section of the official Conference Declarations that discusses the Palestine/Israeli conflict. Despite this compromise, Israel and the USA still walked out of the Conference on the third day, and many other countries on both sides of the debate still felt it important to have noted in the Conference reservations their condemnation of this compromise either for not mentioning Israel’s system of discrimination in the Conference Declarations, or for mentioning Israel at all in this context as a country that practices discrimination.
The addition to the definition of racism that mentions religion is in article 2 of the official Declarations --
| "Article 2. We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status;" |
The section of the Conference Declarations that talks about the conflict in the Middle East but did not mention or condemn the Israeli system of discrimination by religion then read –
- Article 57. We are conscious of the fact that the history of humanity is replete with major atrocities as a result of gross violations of human rights and believe that lessons can be learned through remembering history to avert future tragedies;
- Article 58. We recall that the Holocaust must never be forgotten;
- Article 59. We recognize with deep concern religious intolerance against certain religious communities, as well as the emergence of hostile acts and violence against such communities because of their religious beliefs and their racial or ethnic origin in various parts of the world which in particular limit their right to freely practise their belief;
- Article 60. We also recognize with deep concern the existence in various parts of the world of religious intolerance against religious communities and their members, in particular limitation of their right to practise their beliefs freely, as well as the emergence of increased negative stereotyping, hostile acts and violence against such communities because of their religious beliefs and their ethnic or so-called racial origin;
- Article 61. We recognize with deep concern the increase in anti-Semitism and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas against Jewish, Muslim and Arab communities;
- Article 62. We are conscious that humanity’s history is replete with terrible wrongs inflicted through lack of respect for the equality of human beings and note with alarm the increase of such practices in various parts of the world, and we urge people, particularly in conflict situations, to desist from racist incitement, derogatory language and negative stereotyping;
- Article 63. We are concerned about the plight of the Palestinian people under foreign occupation. We recognize the inalienable right of the Palestinian people to self-determination and to the establishment of an independent State and we recognize the right to security for all States in the region, including Israel, and call upon all States to support the peace process and bring it to an early conclusion;
- Article 64. We call for a just, comprehensive and lasting peace in the region in which all peoples shall co-exist and enjoy equality, justice and internationally recognized human rights, and security;
- Article 65. We recognize the right of refugees to return voluntarily to their homes and properties in dignity and safety, and urge all States to facilitate such return;
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Even though this section did not directly mention or condemn the Israeli system of discrimination, it is important to note that it did:
- 1. Condemn discrimination by religion which directly conflicts with the Israeli system of discrimination;
- 2. Voice concern about the Israeli occupation;
- 3. Recognize the Palestinian peoples’ rights of self-determination and to have an independent state;
- 4. Recognize the right to equality for all peoples which directly conflicts with the Israeli system of discrimination;
- 5. Recognize the right of return of all refugees, which very importantly directly conflicts with the Israeli system of discrimination.
If the State of Israel respected points #1, 4 and 5, their system of discrimination would essentially disappear. Points #2 & 3 pertain specifically to the occupied territories, and do not affect discrimination in Israel.
RACISM: DESCRIBING AND CONDEMNING THE PRACTICE OF RACISM
After defining racism, the 1965 "International Convention on the Elimination of All Forms of Racial Discrimination " goes on to describe how racism is practiced, and condemns its practice:
International Convention on the Elimination of All Forms of Racial Discrimination (1965) |
Article 3
States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:
- (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
- (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
- (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (ii) The right to leave any country, including one's own, and to return to one's country;
- (iii) The right to nationality;
- (iv) The right to marriage and choice of spouse;
- (v) The right to own property alone as well as in association with others;
- (vi) The right to inherit;
- (vii) The right to freedom of thought, conscience and religion;
- (viii) The right to freedom of opinion and expression;
- (ix) The right to freedom of peaceful assembly and association;
- (e) Economic, social and cultural rights, in particular:
- (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
- (ii) The right to form and join trade unions;
- (iii) The right to housing;
- (iv) The right to public health, medical care, social security and social services;
- (v) The right to education and training;
- (vi) The right to equal participation in cultural activities;
- (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
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Thus states which practice discrimination in the above categories according to a racist criteria are considered to be racist governments, and are condemned by the international community. The Convention sets up a permanent UN Committee (Committee on the Elimination of Racial Discrimination (CERD)) to work with the international community to eliminate racism worldwide. The main focus of this committee is on prevention and enforcement is through reporting to the UN-at-large on cases for further action where racism is found.
But the details of enforcement are not spelled out in these documents of this committee or the reports and declarations of the annual World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
APARTHEID, ETHNIC CLEANSING & GENOCIDE: COMPARED & CONTRASTED
With movement toward respecting human rights and self-determination and outlawing racism in international law, specific international conventions were developed to prevent and punish specific types of racist crimes - genocide, apartheid and ethnic cleansing. They have been labeled "crimes against humanity".
Apartheid, Ethnic Cleansing, and Genocide are designated crimes against humanity by the international community because all three involve massive violation of the human rights of a group of people based solely on the race, ethnicity, nationality, religion, etc. of the members of that group by a government, military, or other organized group.
What differentiates the three are the intentions of the government committing the violation -
- 1. APARTHEID: if the intentions are simply to exploit and oppress, then the crime is probably apartheid,
- 2. ETHNIC CLEANSING: if the intention is to drive the people out of the area, then it is called ethnic cleansing, or
- 3. GENOCIDE: if the intention is to destroy the group as a distinctive ethnicity or nation, or destroy it physically completely, then it is called genocide.
It is also important to note that these crimes can overlap. For example a given situation which might include massacres, would on the surface appear to be genocide, but upon deeper investigation shows them to be more a case of ethnic cleansing because the overall intentions of the implicated government are to drive the people out of the area, not to destroy them completely. An example of this are the actions and intentions of the Serbs in Kosovo. Another example was how the Nazi regime discriminated against and exploited the Jewish population for example in slave factories, but their ultimate goal was to destroy them utterly, which was genocidal rather than to just create an apartheid system.
Even though all three crimes have been around since the beginning of human society, their coverage in international law originates at different periods only within the last century.
GENOCIDE
The term genocide originated in the early 1930's, and was first formally used in the Nuremberg Trials following World War II to describe the war crimes of the Nazi regime. The international law formalizing the definition, suppression and punishment of Genocide was created in 1948 with the passing of the International Convention for the Suppression and Punishment of the Crime of Genocide (1951).
It is important to note this definition –
- 1. generalizes the crime of genocide beyond the crimes of the Nazi regime to any such actions by any government or military, etc.
- 2. broadens the definition of the crime of genocide beyond massive extermination to include massive human rights violations which are intended to destroy a group of people in terms of their ethnic identity or national status.
APARTHEID
The movement to eliminate Apartheid originates largely in response to the oppressive and exploitive practices of the South Afrikaaner government in South Africa, which finally dissolved under international pressure in 1991. The international community thus created an international humanitarian law called "The International Covenant for the Suppression and Punishment of the Crime of Apartheid" (17 July 1976) .
It is important to note that this covenant –
- 1. generalizes the crime of apartheid to apply beyond just the system in South Africa to oppressive, discriminatory government systems in general; and
- 2. defined apartheid as BOTH a government system that systematizes racial discrimination throughout society, as well as
a system that isolates the victim group from the general society in ghettos or "bantulands" (the term used in South Africa).
- 3. Included in the definition of Apartheid a wide range of human rights violations that are intended by the perpetrator to enforce BOTH discrimination and isolate the victim-group geographically and socially.
ETHNIC CLEANSING
The term Ethnic Cleansing originated in the early 1990's during the actions of the Serb military in its military campaign in the Yugoslav regions of Kosovo and Bosnia-Herzegovina.
Even though no international convention has been developed to condemn and punish the crime of ethnic cleansing as there has been for the crimes of apartheid, racism and genocide, the term has become standard language in international law, and has followed the same pattern as those international conventions by:
- 1. generalizing the crime of ethnic cleansing beyond the Serb actions to which the term was originally developed, and
- 2. broadening its definition beyond massive deportation to also include massive human rights violations with the intention of intimidating the victim people into leaving, or driving them out by force.
It was the United Nations Special Rapporteur on that conflict, Mr. Tadeusz Mazowiecki, Special Rapporteur of the UN Commission for Human Rights, that first used the term most significantly while reporting on what he saw happening there in 10 official UN reports on the conflict, but the term has also been used in many UN resolutions (for example by the Security Council in resolutions 771, 779, 780, 787, 808, 820, 824, and 827, and by the General Assembly in resolutions 46/242 and 47/121), by many international human rights organizations in their official reports (ex. - International Committee of the Red Cross and Amnesty International), and in the press and by many governments.
It is important to note that Special Rapporteur Mr. Mazowiecki defined the term, and used the term ethnic cleansing not just to apply strictly and only to the massive deportation of a large number of people (which was outlawed by the Geneva Conventions of 1949, in article 49)) based soley on their race, nationality, etc., but also used it to include the massive violation of the human rights of the victim-group with the intention of intimidating them into leaving the area. Thus Mr. Mazowiecki included as ethnic cleansing a wide range of human rights violations such as forcing businesses to terminate employment of victim-group members, removing elected officials from office, imposing repressive and discriminatory laws, forcing local press to publish threatening and fear-provoking articles to scare people into leaving, restricting access to medical care, forced labor, physical and sexual harassment including rape, demolition of homes, commercial buildings, public utilities, cultural and religious centers and monuments, shooting and torturing of civilians, collective punishment of entire communities when members rebel, and much more.
Such broadening of the definition of the term has also been found in the press reporting on ethnic cleansing, and in reports by international human rights organizations.
But because the crime of ethnic cleansing has not yet been condemned specifically by the international community in an international covenant like apartheid, racism and genocide have been, it’s only formal condemnation and listing as a violation of international law remains condemnations of massive deportations such as article 49 of the 1949 Geneva Conventions IV (see below for quote), and condemnations of the specific human rights violations listed above which are found in a wide range of human rights conventions and treaties.
The position of the 1949 Geneva Conventions on massive deportation has been reconfirmed in the 1977 Protocol I of the Geneva Conventions, which in article 85 calls massive deportation a "grave breach" of international law.
Article 49 of the 1949 Geneva Conventions IV says --
| Article 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
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CONCLUSIONS
Protection of human rights has become a top priority of the international community. One major type of violation that is unfortunately very prevalent throughout history involves violations according to a racist criteria. But now finally the international community is taking steps to eliminate this terrible problem, and thus everyone will be able to enjoy the benefits of equal access, opportunity and protections, and thus all societies will benefit from the maximum participation of their human members.
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RELEVANT QUOTES FROM TEXTS
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- United Nations Charter (26 June 1945), articles 1:
Article 1. The Purposes of the United Nations are:
- 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
- 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
- 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
- 4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.
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- Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (12 August 1949), articles 49:
| Article 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. |
- International Convention on the Prevention and Punishment of the Crime of Genocide (12 January 1951), articles 2 & 3:
Article II. In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
- ( a ) Killing members of the group;
- ( b ) Causing serious bodily or mental harm to members of the group;
- ( c ) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- ( d ) Imposing measures intended to prevent births within the group;
- ( e ) Forcibly transferring children of the group to another group.
Article III. The following acts shall be punishable:
- ( a ) Genocide;
- ( b ) Conspiracy to commit genocide;
- ( c ) Direct and public incitement to commit genocide;
- ( d ) Attempt to commit genocide;
- ( e ) Complicity in genocide.
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- International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965), articles 1, 3,4 & 5:
Article 1.
- 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Article 3. States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.
Article 4. States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:
- (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
- (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
- (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.
Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (ii) The right to leave any country, including one's own, and to return to one's country;
- (iii) The right to nationality;
- (iv) The right to marriage and choice of spouse;
- (v) The right to own property alone as well as in association with others;
- (vi) The right to inherit;
- (vii) The right to freedom of thought, conscience and religion;
- (viii) The right to freedom of opinion and expression;
- (ix) The right to freedom of peaceful assembly and association;
- (e) Economic, social and cultural rights, in particular:
- (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
- (ii) The right to form and join trade unions;
- (iii) The right to housing;
- (iv) The right to public health, medical care, social security and social services;
- (v) The right to education and training;
- (vi) The right to equal participation in cultural activities;
- (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
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- Vienna Convention on the Law of Treaties (22 May 1969), articles 53 & 64:
Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all ...
Article 53
Treaties conflicting with a peremptory norm of general international law (jus cogens)
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Article 64
Emergence of a new peremptory norm of general international law (jus cogens)
If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates. |
- Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations (24 October 1970), Principle 5:
PRINCIPLE 5: The principle of equal rights and self-determination of peoples
By virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter.
Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle, in order:
- (a) To promote friendly relations and co-operation among States; and
- (b) To bring a speedy end to colonialism, having due regard to the freely expressed will of the peoples concerned;
and bearing in mind that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter ... |
- International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976), articles 1 & 2:
Article I
- 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.
- 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid.
Article II
- For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
- a. Denial to a member or members of a racial group or groups of the right to life and liberty of person:
- i. By murder of members of a racial group or groups;
- ii. By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;
- iii. By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;
- b. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;
- c. Any 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 group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, 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;
- d. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;
- e. Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;
- f. Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.
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- Geneva Convention (Protocol
I) Relating to the Protection of Victims of International Armed Conflicts
(8 June1977), article 85(4a):
Article 85. Repression of breaches of this Protocol:
- 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the
Conventions or the Protocol:
- (a) the transfer by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention;
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- Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (21 March 1986), articles 53 & 64:
Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,
Article 53
Treaties conflicting with a peremptory norm of general international law (jus cogens)
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Article 64
Emergence of a new peremptory norm of general international law (jus cogens)
If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates. |
- Declaration of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (8 Sept. 2001), Article 2:
Article 2We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status; |
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