In the present era, there have been many competitions in the scientific field between countries, organizations and scientific institutions in the world. Each of them is trying to be a pioneer in the scientific field, however, what is of great importance is not to discriminate in the scientific field and to make all countries of the world have access to modern knowledge. Today, on the one hand, it is not possible to achieve science and knowledge at the same level for all countries, and on the other hand, the amount of benefits of societies from existing science and knowledge is also affected by many factors along with obstacles with political motives, social, cultural, security, etc. sometimes lead to discrimination in the scientific field, such as non-acceptance and publication of articles, access to databases and magazines, sanction of universities and educational centers, refusal of scientific cooperation, etc. have been done for societies and nations. This has become the basis of an apartheid system called “scientific apartheid”. In this study, a descriptive-analytical approach was used to assess whether scientific apartheid could be considered a crime against humanity as defined in the Statute of the International Criminal Court (ICC). The results showed that the highest level of instances could be prosecuted under this heading in the ICC, but not every instance could be considered a crime.