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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Apartheid as a crime against humanity: is the truth and reconciliation an answer?
Author:Manda, Peter
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:South Africa
offences against human rights
commissions of inquiry
Abstract:The system of apartheid which was practised in South Africa was a crime against humanity and a violation of international law. The international community perceived - and still perceives - apartheid as a serious affront to universally accepted standards of human rights. By resolution 3068 of 1973 the UN General Assembly adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid. However, very little direct effective action from the international community was directed at South Africa and those responsible for the crime of apartheid, and it is highly questionable whether the Convention against Apartheid achieved its tacit objective or suppressed the crime of apartheid, let alone imposed punishment for the commission of the crime. A serious flaw in the Convention is that no provision was made for the creation or establishment of an International Tribunal for the purposes of prosecuting perpetrators of apartheid. Whether the Truth and Reconciliation Commission is a vehicle through which those responsible for past human rights violations can and will be appropriately dealt with is also debatable. Notes, ref. (Discussion, p. 210-213.)