Journal of International Criminal Justice Advance Access originally published online on February 6, 2007
Journal of International Criminal Justice 2007 5(2):460-479; doi:10.1093/jicj/mql082
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South Africa's Implementation of the ICC Statute
An African Example
* B.Iuris (SA), LL.B (Natal), LL.M. (Cambridge); Associate Professor, Faculty of Law, Howard College, University of KwaZulu-Natal, Durban, Associate Member of the KwaZulu-Natal Bar and Research Associate, Matrix Chambers, London. The material in this article is based on work supported by the National Research Foundation under Grant Number 2054304. The opinions expressed in this article are those of the author and the NRF does not accept any liability in regard thereto. [ duplessism2{at}ukzn.ac.za]
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Abstract |
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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.