CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—apartheid

96. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act, or an act that is of a nature and gravity similar to any such proscribed inhumane act ; and
(b) the perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups ; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act ; and
(d) the perpetrator intends to maintain the regime by the conduct ; and
(e) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(j) The crime of apartheid

2. For the purpose of paragraph 1:
(h) ‘The crime of apartheid’ means inhumane acts of a character similar to
those referred to in paragraph 1, committed in the context of an
institutionalized regime of systematic oppression and domination by one
racial group over any other racial group or groups and committed with the
intention of maintaining that regime;