International crimes must be prosecuted and domestic jurisdictions are well placed to do this. Domestic prosecutions based on universal jurisdiction are on the rise.
challenged a decision by the SAPS and the NPA not to investigate crimes against humanity of torture that had allegedly been committed in Zimbabwe. Under the International Criminal Court Act, South African authorities may prosecute individuals for crimes committed outside South Africa if the accused person is present in the territory.
Acknowledging that the prosecution of international crimes might take longer than ordinary cases due to the massive amounts of evidence, six years of investigations hardly constitutes an “”. The lethargy which SAPS has displayed in this investigation is disappointing. ”, it remains to be seen whether the NPA is serious about prosecuting international crimes such as theor apartheid-era crimes. There is no question that the Constitutional Court judgment was a good starting point, but the reality six years later suggests that we are still at the same point.Torture Docket
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