Extracts from declarations and resolutions of the United Nations General Assembly and the Security Council. The conditions for the exercise of the right of self-determination (derived from Article 1(2) of the Charter of the United Nations and common Article 1 of the two International Conventions on Human Rights) are:.
REPORT OF THE UNITAR 1 COLLOQUIUM ON THE PROHIBITION OF APARTHEID, RACISM AND
RACIAL DISCRIMINATION AND THE
ACHIEVEMENT OF SELF-DETERMINATION IN INTERNATIONAL LAW (Geneva, 20-24 October 1980)
APARTHEID AS AN INTERNATIONAL CRIME
STATE CRIMINALITY IN SOUTH AFRICA 3
Over the last decade, the army of the racist regime has turned into a strike force ready to attack countries as far north as the equator. Vorster, as the new Prime Minister of the racist regime, should be the Minister of Defense P.
STATE TERRORISM IN SOUTH AFRICA 4
6 See the report of the Committee on International Terrorism in the report of the Sixtieth Conference of the International Law Society (1982), p. Regular acts of military destruction and liquidation resulted in the depopulation of the area's indigenous inhabitants and the further inland entry of white settlers.
INTERNATIONAL LAW AND THE LIQUIDATION OF APARTHEID 13
- LEGAL STATUS OF THE APARTHEID REGIME AND
To provide the answer we must turn to the nature of the apartheid system itself. The principles of the Charter embodied in the Declaration are declared to constitute “fundamental principles of.
THE NATIONAL LIBERATION MOVEMENTS
IS SOUTH AFRICA AN INDEPENDENT STATE? 59
South Africa was a member of the League of Nations and a founding member of the United Nations. If South Africa is an independent state, then it is one in which the majority of the population has never been independent.
THE LEGAL STATUS OF NATIONAL
The new popular sovereignty is proclaimed through the practice of mass national liberation struggle for democratic rights, so that the international legal community, while increasingly denying the recognition of the old, increasingly recognizes the new. Until the independence granted by Britain in 1910 to the white minority covers the entire population and the entire territory, it cannot be considered an independent country in the true sense of the word.
LIBERATION MOVEMENTS (WITH PARTICULAR REFERENCE TO SOUTH AFRICA) 61
Brownlie considers the resolution to be an example of an authoritative interpretation of the Charter. The Declaration was cited as a source of authority for United Nations activities in support of national liberation movements. National liberation movements and their members fighting against colonialism, racism and foreigners are entitled to the protection of Geneva.
The Convention imposes individual responsibility for such a crime and the insistence of the General Assembly that the situation in South Africa is threatening. In the event that the practice of the general assembly is rejected due to. For the first time, the Council affirmed the right of the people of South Africa as a whole, regardless of race, color or creed, to exercise self-determination.
Conversely, the right of victimized peoples to take steps to pursue their right to self-determination is not out of the blue.
LIBERATION MOVEMENTS (WITH PARTICULAR REFERENCE TO SOUTH AFRICA) 97
STATUS OF CAPTURED FREEDOM FIGHTERS
THE LAWS OF ARMED CONFLICT AND APARTHEID 133
BANTUSTANS
SELF-DETERMINATION AND THE “INDEPENDENT BANTUSTANS” 156
INTERNATIONAL ACTION AGAINST APARTHEID
LEGAL STRATEGIES IN THE STRUGGLE AGAINST APARTHEID 162
Fourteen years ago, it became clear to the Lawyers' Committee's Southern Africa Project that lawyers in this country could play a role in defending apartheid's political opponents. Moreover, by highlighting the arbitrary and repressive nature of the judicial process in South Africa, we have provided immediate and effective relief to persons deprived of fundamental rights. Over the years we have sought to initiate or intervene in legal proceedings in the domestic courts of the United States to prevent official or private actions supporting South Africa's apartheid policy, particularly where such actions are expressly or controversially in violation of United States law.
It has helped focus the attention of the people of the United States and the rest of the world on racial problems in southern Africa, and sometimes it has forced a change in United States government policy and established new precedents regarding. For example, because of the arguments raised in the series of cases I have discussed, the US courts have begun to recognize, to some extent, the enforceability of international law in domestic courts. For example, imagine an action taken against a company in Western Europe that is a wholly owned subsidiary of an American company.
Although certain facts necessary to support a claim against it may not be available to the Western European lawyers handling the case, such information may well be available to American lawyers through a request under the Freedom of Information Act or the Rules for publication of the security. Exchange Act.
CERTAIN LEGAL ASPECTS OF THE INTERNATIONAL
CAMPAIGN AGAINST APARTHEID 167
SOME REMARKS ON RESPONSIBILITY FOR THE CRIME OF APARTHEID UNDER
INTERNATIONAL LAW 186
Thus, the responsibility of the apartheid regime under international law is the result of a crime against humanity. 194 Status of the International Convention on the Suppression and Punishment of the Crime of Apartheid (A/38/543). This demand is fully justified in the light of international law, as the Third Committee of the General Assembly (October 1973) 93 for, 1 against, 24 abstentions; in the General Assembly (30 November 1973) 91 for, 4 against (United States of America, United Kingdom, South Africa, Portugal), 26 abstentions.
Discrimination and the Convention on the Prevention and Punishment of the Crime of Genocide. That the criminal State is responsible for all organs that acted on behalf of the State;. In accordance with their membership of the Convention, the legislation of the socialist States contains the.
The implementation of this responsibility will depend on the further results of the joint struggle of all forces fighting the crime of apartheid.
ANNEX I
However, systematically unmasking the companies and corporations that benefit today from the continuation of the racist regime and thoroughly identifying all the collaborators of the apartheid regime is important in providing the essential prerequisites for recording the sources on which accountability for the crime of apartheid can be established. to be implemented when the time is right.
INTERNATIONAL CONVENTION ON THE
SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTHEID 221
Elimination of all forms of racial discrimination, to draw its attention to complaints concerning acts enumerated in article II of this Convention;. Acts enumerated in article II of this Convention shall not be considered political crimes for the purpose of extradition. Accession takes place by depositing an instrument of accession with the Secretary-General of the United Nations.
This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. A request for the revision of this Convention may be made at any time by any State Party by means of a written notification addressed to the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.
EXTRACTS FROM DECLARATIONS OF THE UNITED NATIONS
The United Nations General Assembly shall decide what steps, if any, shall be taken in connection with such a request. The Secretary-General of the United Nations shall notify all States of the following details: a) Signatures, ratifications and accessions under Articles XIII and XIV;. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in.
GENERAL ASSEMBLY AND THE SECURITY COUNCIL
GENERAL ASSEMBLY
Resolution 2625 (XXV) of 24 October 1970 on the Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation between States in Accordance with the Charter of the United Nations. Resolution 3411 C (XXX) of 28 November 1975 on the special responsibility of the United Nations and the international community towards the oppressed people of South Africa. further affirms the legitimacy of the struggle of the oppressed people of South Africa and their national liberation movement for the eradication of apartheid and the exercise of the right to self-determination for the people of South Africa as a whole.
All States will recognize the right of the oppressed people of South Africa to choose their means of struggle. Remember that the racist regime of South Africa has consistently disregarded the relevant resolutions of the General Assembly and the Security Council, and violated its obligations under the Charter of the United Nations. Recognize the right of the oppressed people and their national liberation movements to use all means at their disposal in their resistance to the illegal racist minority regime of South Africa;.
strongly supports the movement against conscription in the armed forces of the racist regime of South Africa;.
Pay tribute to and express solidarity with organizations and individuals fighting against apartheid and for a non-racial, democratic society in accordance with the principles of the Universal Declaration of Human Rights. Reaffirm that the policy of apartheid is a crime against the conscience and dignity of mankind and is incompatible with the rights and dignity of man, the Charter of the United Nations and the Universal Declaration of Human Rights, and seriously disturbs international peace and security ;. Recognize the legitimacy of the struggle of the South African people for the elimination of apartheid and for the establishment of a democratic society in which all the people of South Africa as a whole, regardless of race, color or creed, have equal and full political and other rights and freely participate in the determination of their fate;.
Convinced that the so-called 'new constitution' endorsed by the exclusively white voters in South Africa on 2 November 1983 will continue the process of denationalisation of the indigenous African majority, deprive it of all fundamental rights, and further apartheid entrenched, which will transform South Africa. in a country for 'whites only',. Reaffirmation of the legitimacy of the struggle of the oppressed people of South Africa for the elimination of apartheid and for the establishment of a society in which all the people of South Africa as a whole, regardless of race, colour, sex or creed, will be equal enjoy. and full political and other rights and freely participate in the determination of their destiny,. Declare that the so-called 'new constitution' is contrary to the principles of the Charter of the United Nations, that the results of the referendum of 2 November 1983 have no validity whatsoever and that the enforcement of the 'new constitution' will further the already explosive situation prevailing in apartheid South Africa worsens;.