APARTHEID IN ISRAEL: An Analysis of Israel’s Laws and Policies and the Responsibilities of US Academic and Other Institutions by University Network for Human Rights

Although the legal elements of the crime of genocide differ from the definition of apartheid, the facts cited in the legal proceedings are directly relevant to the mens rea required for a finding that Israel has violated Article II(b) of the Apartheid Convention. The crime of genocide requires an “intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” This echoes the language of the Article II(b) of the Apartheid Convention, which provides that states may not deliberately impose on a racial group “living conditions calculated to cause [their] physical destruction in whole or in part.