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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Implementing international humanitarian law: developments in South Africa and other jurisdictions with special reference to international war crimes tribunals
Authors:De Wet, ErikaISNI
Strydom, HennieISNI
Periodical:South African Yearbook of International Law
Geographic term:South Africa
Subjects:international criminal law
international criminal courts
human rights
offences against human rights
Abstract:This article provides an overview of the developments that have taken place in South Africa with regard to the transposition of international humanitarian law to the national level, notably the draft Geneva Conventions Bill 1999 and the International Criminal Court Bill 2000. It subsequently highlights the developments that have taken place in Germany, the Netherlands and the United States, especially with regard to measures taken in compliance with international obligations in the field of war crimes tribunals, viz. the International Tribunal for the former Yugoslavia and the International Tribunal for Rwanda. Focus is on those obligations which are of significant practical importance, such as the investigation during the pretrial phase, the surrender of suspects to the tribunals, the transfer of trials from a domestic forum to The Hague or Arusha, and the enforcement of sentences imposed by the tribunals. The efficient functioning of the future International Criminal Court will depend on effective State cooperation, implying timely ratification and implementation of the ICC Statute. This means that States will have to amend their criminal law in respect of immunity from prosecution and the definition of the international crimes that will be subject to (national) prosecution. South Africa should opt for early ratification in order to set an example for other SADC member-States. Notes, ref.