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Apartheid is codified in the Rome Statute Part 2 Article 7 Paragraph 2(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;

So yes it is a racist ideology, but it doesn’t need the perpetrators to be explicitly racist. The fact that the oppressed Palestinians are of a different racial group as the oppressors, and the policy is to maintain a domination of one racial group over the other, that means this counts as apartheid.

“I didn’t mean to be racist” is not an excuse admissible to the ICC

That said, The Rome statute would not become international law until 22 years after Carter was no longer President. And would never be ratified by neither the USA nor Israel. Though interestingly Palestine has ratified it.



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