Episode 2 International Law in Crisis: The Crime of Apartheid

What is the crime of apartheid? Is Israel committing it, and if so, what can the Courts do about it?

May 01, 2025

In this episode, Lara Bird-Leakey is joined by Dr Victor Kattan, Assistant Professor of Public International Law at the University of Nottingham and expert on the crime of apartheid.

In January 2024 Victor co-wrote an article with Gerrard Kemp considering apartheid as a form of genocide in the context of the case of South Africa v Israel. In this analysis, the authors consider that the link between the crime of genocide and apartheid has never been adjudicated on, but that there are clear and obvious links between the two.

Throughout the episode, Lara and Victor discuss the historic origins of the crime of apartheid, how courts have developed this in practice, and the hesitancy of the ICJ to want to use the term apartheid in both the South Africa case or their Advisory Opinion.

What does this mean for Palestine?

Follow The Britain Palestine Project on Substack to stay up to date with the article series and to find out.

Tickets for the Britain Palestine Project's annual conference on the 8th May this year, 'The Rule of Law: the route to a better future for Palestinians and Israelis' are on sale now, so check out the link to our website below for tickets and more information.

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*DISCLAIMER: views shared are of the individual guests, and do not necessarily represent the position of The Britain Palestine Project.

PODCAST EXTENSION

This episode focuses on the work of Dr Victor Kattan and focuses on his most recent article featured in the European Journal of International Law; ‘Apartheid as a Form of Genocide: Reflections on South Africa v Israel’.

📌 Key Themes

1. Definition of Genocide and Apartheid

Interdependence between the crimes of genocide and apartheid
A distinction is drawn by states between the two crimes
Distinguishing Elements of Apartheid and Genocide

2. South Africa’s Case at the ICJ

South Africa’s history of apartheid.
Mention of genocidal acts against a background of 75 years of Apartheid by Israel.

3. Genocide in a Regime of Apartheid

Israel’s regime in Gaza, maintaining security of the land from the river Jordan to the Mediterranean Sea, illegal settlements, etc.
Forced transfer of population potentially constitutes ethnic cleansing
Racial domination and denial of right to self-determination creating a system of apartheid
The system of apartheid aggravates the risk of genocide