The Crime against Humanity of Apartheid in a Post-Apartheid World
Abstract The crime against humanity of apartheid has been widely neglected: jurisprudence is non-existent and the academic discourse modest. The International Criminal Court (ICC) is the first international criminal tribunal to include the crime against humanity of apartheid in its statute, notwiths...
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| Format: | Article |
| Language: | English |
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Scandinavian University Press
2015-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2015/02/the_crime_against_humanity_of_apartheid_in_a_post-apartheid |
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| author | Carola Lingaas |
| author_facet | Carola Lingaas |
| author_sort | Carola Lingaas |
| collection | DOAJ |
| description | Abstract
The crime against humanity of apartheid has been widely neglected: jurisprudence is non-existent and the academic discourse modest. The International Criminal Court (ICC) is the first international criminal tribunal to include the crime against humanity of apartheid in its statute, notwithstanding the controversy of this crime. According to critics the crime is a South African phenomenon that has not reached the status of customary law. The provision on apartheid in the Rome Statute of the ICC builds on the Apartheid Convention, which is highly contentious and not signed by any Western state. All the more, it is surprising that apartheid was included in the Statute.
Despite the fact that the crime of apartheid has never been prosecuted, this article argues that its inclusion into the Rome Statute raises some unique and interesting questions. It shows the international community’s belief in the deterrent effect of this crime, as well as its continued importance. This article will scrutinise the elements of the crime and reveal definitional challenges. It will, in particular, discuss potential contemporary situations of apartheid. The ICC Prosecutor will have to release apartheid from its historical connection in order to bring to justice perpetrators of systematic racial oppression. |
| format | Article |
| id | doaj-art-fd331ff735964be9a4faf077c69016de |
| institution | Kabale University |
| issn | 2387-3299 |
| language | English |
| publishDate | 2015-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-fd331ff735964be9a4faf077c69016de2025-08-20T03:49:07ZengScandinavian University PressOslo Law Review2387-32992015-01-0128611510.5617/oslaw256618948693The Crime against Humanity of Apartheid in a Post-Apartheid WorldCarola LingaasAbstract The crime against humanity of apartheid has been widely neglected: jurisprudence is non-existent and the academic discourse modest. The International Criminal Court (ICC) is the first international criminal tribunal to include the crime against humanity of apartheid in its statute, notwithstanding the controversy of this crime. According to critics the crime is a South African phenomenon that has not reached the status of customary law. The provision on apartheid in the Rome Statute of the ICC builds on the Apartheid Convention, which is highly contentious and not signed by any Western state. All the more, it is surprising that apartheid was included in the Statute. Despite the fact that the crime of apartheid has never been prosecuted, this article argues that its inclusion into the Rome Statute raises some unique and interesting questions. It shows the international community’s belief in the deterrent effect of this crime, as well as its continued importance. This article will scrutinise the elements of the crime and reveal definitional challenges. It will, in particular, discuss potential contemporary situations of apartheid. The ICC Prosecutor will have to release apartheid from its historical connection in order to bring to justice perpetrators of systematic racial oppression.https://www.idunn.no/oslo_law_review/2015/02/the_crime_against_humanity_of_apartheid_in_a_post-apartheidapartheidcrime against humanityRome StatuteApartheid ConventionNorth KoreaPalestine |
| spellingShingle | Carola Lingaas The Crime against Humanity of Apartheid in a Post-Apartheid World Oslo Law Review apartheid crime against humanity Rome Statute Apartheid Convention North Korea Palestine |
| title | The Crime against Humanity of Apartheid in a Post-Apartheid World |
| title_full | The Crime against Humanity of Apartheid in a Post-Apartheid World |
| title_fullStr | The Crime against Humanity of Apartheid in a Post-Apartheid World |
| title_full_unstemmed | The Crime against Humanity of Apartheid in a Post-Apartheid World |
| title_short | The Crime against Humanity of Apartheid in a Post-Apartheid World |
| title_sort | crime against humanity of apartheid in a post apartheid world |
| topic | apartheid crime against humanity Rome Statute Apartheid Convention North Korea Palestine |
| url | https://www.idunn.no/oslo_law_review/2015/02/the_crime_against_humanity_of_apartheid_in_a_post-apartheid |
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