The Practices of Apartheid as a War Crime: A Critical Analysis

Abstract

The human suffering caused by the political ideology of apartheid in South Africa during the Apartheid era prompted worldwide condemnation and a variety of diplomatic and legal responses. Amongst these responses was the attempt to have apartheid recognised both as a crime against humanity in the 1973 Apartheid Convention as well as a war crime in Article 85(4)(c) of Additional Protocol I. This article examines the origins, nature and current status of the practices of apartheid as a war crime and its possible application to the Israeli-Palestinian conflict.