South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law : a submission informed by historical, normative and policy considerations
Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Washington University School of Law
Abstract
The ANC-led Government’s decision in October 2016 to withdraw
South Africa from the International Criminal Court (“ICC”) came as a
shock to those who regard South Africa as a champion of international
criminal justice on the African continent. The decision was vehemently
opposed by opposition parties and civil society in South Africa. The high
court in Pretoria ultimately annulled South Africa’s notice of withdrawal
from the ICC, and the ICC Repeal Bill was also withdrawn from the
parliament.
This Article argues for South Africa’s continued membership of the
ICC. The argument is informed by the history and traditions of the ANC,
an internationalist liberation movement-turned-government and one of the
early supporters of the ICC. The Article explores the normative roots of
the ANC’s commitment to accountability for serious violations of human
rights and humanitarian law, not only via the ICC, but also via
incorporation of international criminal law in South African domestic criminal law.
While the Article does not pretend to know the political fate of the
ANC-led Government’s future attitude to the ICC, it is argued that there
are solid normative foundations on which the ANC should build to
advance the project to end impunity for the worst crimes under
international law.
Description
CITATION: Kemp, G. 2017. South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law : a submission informed by historical, normative and policy considerations. Washington University Global Studies Law Review, 16(3):411-438.
The original publication is available at https://openscholarship.wustl.edu/law_globalstudies
The original publication is available at https://openscholarship.wustl.edu/law_globalstudies
Keywords
International Criminal Court, African National Congress, Criminal law -- South Africa, International criminal law
Citation
Kemp, G. 2017. South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law : a submission informed by historical, normative and policy considerations. Washington University Global Studies Law Review, 16(3):411-438.