DUGARD, John. Eminent South African human rights lawyer slams Apartheid Israel racist abuses

Professor John Dugard (born in 1936 in Fort Beaufort) is a South African professor of international law. He has served as Judge ad hoc on the International Court of Justice and as a Special Rapporteur for both the former United Nations Commission on Human Rights and the International Law Commission. His main academic specializations are in Roman-Dutch law, public international law, jurisprudence, human rights, criminal procedure and international criminal law. He has written extensively on South African apartheid. He was former U.N. Special Rapporteur on Human Rights in Occupied Palestine (see: http://en.wikipedia.org/wiki/John_Dugard ).

1. John Dugard in a report on Occupied Palestine (February 2007): "It is difficult to resist the conclusion that many of Israel's laws and practices violate the 1966 Convention on the Elimination of all forms of Racial Discrimination.” [1].

2. John Dugan and his Report on Occupied Palestine (2007): “ Can it seriously be denied that the purpose [...] is to establish and maintain domination by one racial group (Jews) over another racial group (Palestinians) and systematically oppressing them? Israel denies that this is its intention or purpose. But such an intention or purpose may be inferred from the actions described in this report.” [1].

Professor John Dugard, Former U.N. Special Rapporteur on Human Rights in Occupied Palestine: "But what is interesting is that every black South African that I've spoken to who has visited the Palestinian territory has been horrified and has said without hesitation that the system that applies in Palestine is worse." [2].

3. Professor John Dugard on the International Convention on the Suppression and Punishment of the crime of Apartheid: “The Convention on the Suppression and Punishment of the Crime of Apartheid (hereinafter Apartheid Convention) has it roots in the opposition of the United Nations to the discriminatory racial policies of the South African Government – known as apartheid – which lasted from 1948 to 1990. Apartheid was annually condemned by the General Assembly as contrary to Articles 55 and 56 of the Charter of the United Nations from 1952 until 1990; and was regularly condemned by the Security Council after 1960. In 1966, the General Assembly labelled apartheid as a crime against humanity (resolution 2202 A (XXI) of 16 December 1966) and in 1984 the Security Council endorsed this determination (resolution 556 (1984) of 23 October 1984). The Apartheid Convention was the ultimate step in the condemnation of apartheid as it not only declared that apartheid was unlawful because it violated the Charter of the United Nations, but in addition it declared apartheid to be criminal. The Apartheid Convention was adopted by the General Assembly on 30 November 1973, by 91 votes in favour, four against (Portugal, South Africa, the United Kingdom and the United States) and 26 abstentions. It came into force on 18 July 1976. As of August 2008, it has been ratified by 107 States… That the Apartheid Convention is intended to apply to situations other than South Africa is confirmed by its endorsement in a wider context in instruments adopted before and after the fall of apartheid. In 1977, Additional Protocol I of the Geneva Conventions of 1949 recognized apartheid as a “grave breach” of the Protocol (art. 85, paragraph 4 (c)) without any geographical limitation. Apartheid features as a crime in the Draft Code of Crimes against the Peace and Security of Mankind adopted by the International Law Commission on first reading in 1991 without any reference to South Africa and in 1996 the Draft Code adopted on second reading recognized institutionalized racial discrimination as species of crime against humanity in article 18 (f) and explained in its commentary that this “is in fact the crime of apartheid under a more general denomination”(Report of the International Law Commission on the work of its forty-eighth session (A/51/10), p. 49). In 1998, the Rome Statute of the International Criminal Court included the “crime of apartheid” as a form of crime against humanity (art. 7). It may be concluded that the Apartheid Convention is dead as far as the original cause for its creation – apartheid in South Africa – is concerned, but that it lives on as a species of the crime against humanity, under both customary international law and the Rome Statute of the International Criminal Court.” [3].

 [1]. John Dugard, quoted in “John Dugard”, Wikipedia: http://en.wikipedia.org/wiki/John_Dugard .

[2]. Edward. C. Corrigan, “Israel and apartheid: a fair comparison?”, rabble.ca, 2 March 2010: http://www.rabble.ca/news/2010/03/israel-and-apartheid-fair-comparison .

[3]. John Dugard, “International Convention on the Suppression and Punishment of the crime of Apartheid”, Audiovisual Library of International Law: http://untreaty.un.org/cod/avl/ha/cspca/cspca.html .

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