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- Publisher
- Brill
- Copyright
- © 2014 by Koninklijke Brill NV, Leiden, The Netherlands
- Subject
- Articles
- ISSN
- 2213-1027
- eISSN
- 2213-1035
- DOI
- 10.1163/22131035-00301005
- Publisher site
- See Article on Publisher Site
Abstract
On 27 November 2013 the Supreme Court of Appeal of South Africa affirmed the decision of the High Court that South Africa’s Implementation of the Rome Statute of the International Criminal Court Act 2002 ( icc Act) empowered South African officials to initiate investigations into crimes against humanity committed in Zimbabwe in the absence of the perpetrators in South Africa. This decision was in response to the true interpretation of section 4(3)(c) of the icc Act providing for universal jurisdiction. This paper examines the judgment of this Court, arguing that though customary international law is silent on the requirement for presence of the perpetrators for initiation of investigation, the Court should have given proper examination of this section by taking into consideration of the previous presence of some of the perpetrators in South Africa after the alleged crimes were committed.
Journal
International Human Rights Law Review – Brill
Published: Jun 4, 2014
Keywords: Universal jurisdiction; Zimbabwe Docket Case; domestic prosecution in South Africa; Rome Statute; crimes against humanity