HRLC member Dr Victor Kattan has recently published an article on Verfassungsblog on the July 2024 Advisory Opinion of the International Court of Justice (ICJ) on the ''
In this article, Dr Kattan argues that the expression "systemic discrimination", which the ICJ referred to multiple times throughout its opinion, was used as a synonym for "apartheid", even though the ICJ did not link this description to a breach of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination – for there does not appear to be any substantial difference between apartheid and systemic discrimination. This is because the word "systemic" is associated with crimes against humanity, which as Dr Kattan explains, is how apartheid is defined as a crime in international law.
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