Element
8. The conduct was committed in the context of an institutionalized regime ofsystematic oppression and domination by one racial group over any other racial group or groups.
A. Evidentiary comment:
The following extracts from Apartheid Convention and a General Assembly Resolution, in recognising apartheid South Africa, throw some light on the phrase institutionalised regime.
Article 2 of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243 has in its opening sentence a recognition of the apartheid regime in South Africa:
For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them [ ]"
The United Nations General Assembly Resolution on Co-operation between the United Nations and the Organization of African Unity contains the following paragraph recognizing the apartheid regime in South Africa:
"Gravely concerned at the deteriorating situation in southern Africa arising from the continued domination and oppression of the peoples of South Africa and Namibia by the minority racist regime of South Africa and conscious of the need to provide increased assistance to the peoples of the region and to their liberation movements in their struggle against colonialism, racial discrimination and apartheid"
