Torture in Zimbabwe under Scrutiny in South Africa The Judgment of the North Gauteng High Court in SALC v. National Director of Public Prosecutions

被引:5
|
作者
Werle, Gerhard [1 ,2 ]
Bornkamm, Paul Christoph [1 ,2 ]
机构
[1] Humboldt Univ, Frankfurt, Germany
[2] Univ Western Cape, South African German Ctr Transnat Criminal Justic, ZA-7535 Bellville, South Africa
关键词
D O I
10.1093/jicj/mqt036
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In May 2012, the North Gauteng High Court in Pretoria was called upon to rule on the exercise of universal jurisdiction over crimes under international law. The Court issued an order to the South African law enforcement authorities to investigate allegations of crimes against humanity committed by affiliates of the Mugabe regime in Zimbabwe. It emphasized the responsibility of South African authorities within the multi-level system of international criminal justice. While the argument presented by the Court is to be welcomed, this article sees a need to elaborate on a crucial issue underlying the Court's reasoning, namely, whether and when domestic authorities are obliged to initiate investigations under the principle of universal jurisdiction. This article further demonstrates that the judgment is likely to render South Africa an effective forum for the prosecution of crimes under international law in the future.
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页码:659 / 675
页数:17
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