Apartheid as a crime against humanity

Kemp, Gerhard

Abstract

Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of apartheid its name and material content. The indictment is, however, also a reminder that the non-prosecution of apartheid is a legal and moral issue to be understood in the context of South Africa’s transition from apartheid to democracy. Furthermore, the indictment, while historic and of international significance, concerns constitutional, procedural, and prosecutorial issues that illustrate the complexities of the application of international criminal law in domestic criminal justice systems. This contribution argues that all these factors should be acknowledged and analysed. Ultimately, and despite the many obstacles and complexities, it is submitted that it is right to indict individuals who, through their crimes, made the apartheid system possible even if they were not in positions of leadership.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: The crime of apartheid in South Africa and beyond
• Start Date: Jun 22, 2023
• End Date: Jun 23, 2023
• Deposit Date: Jul 12, 2023
• Keywords: apartheid, South Africa, crime against humanity, Israel, Palestine
• Public URL: https://uwe-repository.worktribe.com/output/10932453