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Confronting Apartheid: A Personal History of South Africa, Namibia and Palestine. By John Dugard. Auckland Park, South Africa: Jacana Media, 2018. Pp. 312. Index.

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Confronting Apartheid: A Personal History of South Africa, Namibia and Palestine. By John Dugard. Auckland Park, South Africa: Jacana Media, 2018. Pp. 312. Index.

Published online by Cambridge University Press:  27 October 2022

Richard Falk
Richard Falk*
Affiliation:
Queen Mary University London, Princeton University
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Type
Book Reviews
Information
American Journal of International Law , Volume 116 , Issue 4 , October 2022 , pp. 906 - 914
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press for The American Society of International Law

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References

1 See South-West Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), Second Phase, Judgment, 1966 ICJ Rep. 6 (July 18).

2 Actually, the 1966 decision so shocked international public opinion and angered the governments of the majority of UN members that it accelerated the process of achieving political independence for South West Africa, including the UN Security Council revocation of South Africa's mandate and demanding its withdrawal from territory. This led to South Africa's non-compliance, resulting in a new UN General Assembly request for an ICJ Advisory Opinion, which was forthcoming in 1971. Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, 1971 ICJ Rep. 16 (June 21).

3 I was a member of the legal team representing Ethiopia and Liberia, and agree with Dugard that South Africa counsel presented their legal arguments with utmost professionalism. For my post-decision academic assessment of the decision, see Richard Falk, Reviving the World Court 25–136 (1986).

4 State v. Tuhadeleni, 1 S. Afr. L. R. 153 (App. Div., 1969).

5 Russell Tribunal on Palestine, Cape Town, Findings of the South Africa Session, paras. 5.44, 5.45 (Nov. 2011); Russell Tribunal on Palestine, The Gaza War (Sept. 2014).

6 Richard Falk & Virginia Q. Tilley, Israeli Practices Towards the Palestinian People and the Question of Apartheid, Report to the UN Economic and Social Commission for West Asia, UN Doc. E/ESCWA/ECRI/2017/1 (Mar. 15, 2017).

7 B'Tselem, A Regime of Jewish Supremacy from the Jordan River to the Mediterranean Sea: This Is Apartheid, (Jan. 12 2021); Human Rights Watch, A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution (Apr. 27, 2021).