International Criminal Justice

SALC’s International Criminal Justice programme has the following objectives:

  • To raise regional awareness about the domestication of the ICC Convention and to promote accountability for crimes against humanity at domestic levels through strategic litigation.
  • To improve understanding of the ICC and its mandate whilst supporting domestic and regional accountability mechanisms.
  • To litigate at domestic levels to establish jurisprudence on universal jurisdiction.
  • To litigate at domestic levels against corporate complicity in violations of international law and human rights.

 

On-going cases:

South Africa: Facilitate the prosecution of persons accused of crimes committed during Apartheid (Simelane)
South Africa: Amicus curiae in Law Society of South Africa case challenging SA’s signing of new SADC Tribunal protocol

Precedent cases:

South Africa/Zimbabwe: Case challenging NPA’s refusal to investigate cases of torture committed in Zimbabwe
South Africa/Rwanda: Judicial review of decision by South Africa to grant refugee status to former Rwanda general accused of war crimes
South Africa/Sudan: Case challenging the State’s failure to implement the ICC arrest warrant for Sudanese President Al Bashir
South Africa/Sudan: Amicus curiae in ICC cooperation hearing on South Africa’s failure to arrest Sudanese President Al Bashir
South Africa: Case challenging South Africa’s withdrawal from the ICC without parliamentary approval

 

02 Mar 2018 Staff Writer
NEWS RELEASE: SOUTH AFRICAN HIGH COURT ISSUES IMPORTANT JUDGMENT ON SADC TRIBUNA...

On the 1st of March 2018, the North Gauteng Division of the High Court handed down judgment in the case of Law Society of South Africa and others v The President of the Republic of South Africa and others. The…

Read More
23 Feb 2018 Staff Writer
NEWS RELEASE: THE STATE v HENRY EMOMOTIMI OKAH...

Summary: Does the Protection of Constitutional Democracy against Terrorist and Related Activities Act give South African courts jurisdiction to try terrorist acts committed abroad, besides financing terrorism? On 23rd February the Constitutional Court handed down a unanimous judgment in the…

Read More
23 Feb 2018 Staff Writer
THE STATE vs HENRY EMOMITIMI OKAH...

On 23rd February the Constitutional Court handed down a unanimous judgment in the consolidated applications in the case of State v Okah. The Judgment followed a hearing which took place on 28 November 2017 in which the Constitutional Court heard arguments on…

Read More
13 Feb 2018 Staff Writer
South Africa: Court Diary, LSSA et al vs President of South Africa et al...

The High Court, North Gauteng Division on 5 February, 2018, heard an application brought by the Law Society of South Africa (LSSA) and six other individual challenging two decisions of the President of South Africa. The Southern Africa Litigation Centre…

Read More
12 Feb 2018 Staff Writer
SALC IN THE NEWS: ACCESS TO JUSTICE IN AFRICA-THE FIGHT FOR AN EFFECTIVE SADC TR...

Suzgo Lungu and Aquinaldo Mandlate The Daily Maverick SADC as a regional block is pushing the agenda of promoting investment in the region and this is threatened if the region cannot create laws that repose confidence on investors. The rule…

Read More
02 Feb 2018 Staff Writer
MEDIA ADVISORY: LAW SOCIETY OF SOUTH AFRICA AND OTHERS V THE PRESIDENT OF THE RE...

The Southern Africa Litigation Centre (SALC) is intervening as amicus curiae in a case which challenges the South African President’s role in the suspension of the Southern African Development Community (SADC) Tribunal and limitation of its human rights jurisdiction. The…

Read More