The practices of apartheid as a war crime: a critical analysis

Eden, Paul (2014) The practices of apartheid as a war crime: a critical analysis. Yearbook of International Humanitarian Law, 16 (2013). pp. 89-117. ISSN 1389-1359

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Abstract

The human suffering caused by the political ideology of apartheid in South Africa during the Apartheid era (1948-1994) 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.

Item Type: Article
Keywords: Apartheid, war crimes, crimes against humanity, international criminal law, Additional Protocol I (AP I), the Statute of the International Criminal Court (the ICC Statute), the ICRC Customary International Humanitarian Law Project, the Israeli-Palestinian conflict, the principle of legality (nullum crimen, nulla poena sine lege)
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KZ Law of Nations
Depositing User: Paul Eden
Date Deposited: 08 Dec 2014 15:24
Last Modified: 11 Mar 2017 18:52
URI: http://sro.sussex.ac.uk/id/eprint/51642

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