Category Archives: South Africa

Re-Setting the Clock – South African Court Rules ICC Withdrawal Unconstitutional

Posted on February 22, 2017 by Mark Kersten

For proponents of the rule of law, today’s ruling that the South African government’s withdrawal from the International Criminal Court (ICC) was unconstitutional is a major victory. Set aside opinions on membership in the ICC itself; the decision by the High Court in Pretoria defended something … Continue reading →

Posted in Africa, African Union (AU), International Criminal Court (ICC), International Criminal Justice, International Law, South Africa | 5 Comments

The Human Rights Agenda and the Struggle Against Impunity

Posted on February 9, 2017 by Barrie Sander

I recently reviewed an excellent new collection of essays Anti-Impunity and the Human Rights Agenda, edited by Karen Engle, Zinaida Miller and D.M. Davis (Cambridge, 2016). The book should be of interest to anyone working in the field of human rights … Continue reading →

Posted in "Peace versus Justice" Debate, Academic Articles / Books, Amnesty, Brazil, Colombia, Economics of Conflict, FARC, Human Rights, International Criminal Court (ICC), International Criminal Justice, International Criminal Tribunal for Rwanda (ICTR), Justice, Latin America, Nuremberg, Peace Processes, Rwanda, Rwandan Genocide, South Africa, South America, Traditional Justice Mechanisms, Transitional Justice, Truth and Reconciliation Commissions | Tagged , , , , | 1 Comment

In Withdrawal? Africa and the International Criminal Court

Posted on December 21, 2016 by Mark Kersten

With speculation regarding the future of the relationship between African states and the International Criminal Court (ICC) ongoing, I was recently asked by the International Institute for Strategic Studies to pen a longer piece explaining the sources of tensions in the Africa-ICC … Continue reading →

Posted in Africa, Burundi, Gambia, International Criminal Court (ICC), International Criminal Justice, South Africa | Leave a comment

Politics, Justice, and the Politics of Justice — Partisanship and the International Criminal Court

Posted on December 12, 2016 by Mark Kersten

At this point, it is almost a cliché to call international criminal justice “political”. For years, calling war crimes tribunals political was the gravest of insults critics could levy against the field. Slowly, however, it has become more acceptable — … Continue reading →

Posted in Canada, Gambia, International Criminal Court (ICC), International Criminal Justice, South Africa | 1 Comment

The Clock is Ticking – Keeping South Africa in the ICC is a Tall, but Not Impossible, Order

Posted on November 25, 2016 by Mark Kersten

The clock is ticking. In just about eleven months, South Africa will officially withdraw from the International Criminal Court (ICC). Here at the Assembly of States Parties (ASP), though, the overall feeling is optimistic. Many participants, especially those representing civil … Continue reading →

Posted in Africa, Assembly of States Parties, International Court of Justice, International Criminal Court (ICC), International Criminal Justice, South Africa | 3 Comments

South Africa and Burundi Withdrawals Expose Faults and Fault-Lines in ICC Opposition

Posted on November 11, 2016 by Mark Kersten

It’s now been a few weeks since Burundi and South Africa signalled their intention to withdraw from the International Criminal Court (ICC). Barring any changes or decisions to reverse course, by October of next year the number of ICC member-states … Continue reading →

Posted in Africa, Burundi, International Criminal Court (ICC), International Criminal Justice, South Africa | 2 Comments

Ten African States Who Will Stick with the International Criminal Court

Posted on October 27, 2016 by Mark Kersten

In the wake of South Africa’s, Burundi’s and The Gambia’s decision to withdraw from the International Criminal Court (ICC), the focus of observers and commentators has been on who is next. Who will join the “queue” to leave the ICC? … Continue reading →

Posted in Africa Group for Justice and Accountability (AGJA), African Union (AU), Botswana, Central African Republic (CAR), Democratic Republic of Congo, Gabon, Gambia, International Criminal Court (ICC), International Criminal Justice, Ivory Coast / Côte d'Ivoire, Ivory Coast and the ICC, Mali, Niger, Nigeria, South Africa | 5 Comments

Some Thoughts on South Africa’s Withdrawal From the International Criminal Court

Posted on October 26, 2016 by Mark Kersten

Contrary to the suggestion of some, the dust on South Africa’s and Burundi’s (and Gambia‘s) withdrawal from the International Criminal Court (ICC) has not settled. It won’t for some time. These two withdrawals have sparked an intense debate on the … Continue reading →

Posted in Botswana, Gambia, ICC Prosecutor, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa, Sudan | 5 Comments

Is the South African Government an Accessory to Genocide in Darfur?

Posted on March 31, 2016 by Mark Kersten

The Government of South Africa continues to be bombarded with criticism regarding its handling of a visit last summer by Sudanese President Omar al-Bashir, who faces war crimes, crimes against humanity, and genocide charges at the International Criminal Court (ICC) … Continue reading →

Posted in Afghanistan, Darfur, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa | Tagged | 7 Comments

David beats Goliath in the Bashir case, but does the International Community give a Hoot?

Posted on March 18, 2016 by Mark Kersten

The campaign against Omar al-Bashir racked up an impressive win this week. In the latest development in an ongoing legal tug-of-war, the South African Supreme Court of Appeal ruled that the government of South Africa had acted unlawfully when it … Continue reading →

Posted in Darfur, International Criminal Court (ICC), International Criminal Justice, South Africa, Sudan | 3 Comments