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Detail - The Official Legal Definition of Apartheid as per International Law


Goto Source for this Table - essay on discrimination in Israel, and the section of the International Law Study Guide covering Israeli apartheid.


Here is the formal definition of Apartheid found in articles 1 & 2 of the International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976):

INTERNATIONAL COVENANT ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID (18 July 1976)

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."

This definition of apartheid includes 6 categories of crimes:


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Goto Source for this Table - essay on discrimination in Israel, and the section of the International Law Study Guide covering Israeli apartheid.

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(c) Israel Law Resource Center, February, 2007.

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