Apartheid

Christopher Gevers

Chapter 45 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 549-562 from Edward Elgar Publishing

Abstract: This chapter considers the efforts of TWAIL scholars and their fellow-travellers to dismantle apartheid – and the concerted resistance by the West to such efforts – and situates them in the broader struggle against slavery and colonialism as structures of racial domination. What emerges are two traditions of thought and resistance concerning race and international law – underpinned by divergent historical and theoretical accounts of racial domination – that would, in turn, generate two understandings of apartheid. It shows how these competing accounts of apartheid – which TWAIL scholars have labelled “anti-colonial” and “liberal” – have ongoing consequences for what “justice” for apartheid means, and when it ends (in South Africa, Palestine and beyond). The chapter then considers the ongoing failure to secure justice for apartheid anywhere, and the commitment of international lawyers to never prosecute apartheid, again and again, which it argues must be understood in the broader history of white impunity under international law.

Keywords: Global white supremacy; Critical race theory; History of international law; International criminal law; Apartheid (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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