South Africa's Implementation of the ICC Statute: An African Example
Posted: 8 Jul 2008
Date Written: May 2007
In this article, the author analyses the most important provisions of South Africa's Implementation of the Rome Statute of the International Criminal Court Act, 2002. In particular, attention is given to the complex complementary scheme that is established under the Act, including the jurisdictional bases under the Act for South African prosecution of war crimes, crimes against humanity and genocide; the substantive law that applies to any prosecution of an ICC crime undertaken on South African soil pursuant to the Act; and the procedure to be followed in respect of such a prosecution. Other topics examined include the problem of immunities and amnesties in the South African context, and the mechanisms devised by the Act to ensure South Africa's cooperation with the ICC in respect of any investigation or prosecution undertaken by the Court. The author concludes that the implementation Act is likely to serve as a meaningful example for other African States Parties in their efforts to domestically give effect to their obligations under the Rome Statute.
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