Getting Away with Impunity

Munyonzwe Hamalengwa

• 14 mei 2020
• 9786200469564

Samenvatting:

This book addresses the long-standing and vexing problem of calling apartheid criminals from South Africa to account for their actions. Given that there have been no prosecutions of those who have committed the crime of apartheid, defined as a crime against humanity and a war crime in the Apartheid Convention and the ICC statute, this study focuses on the concept of universal jurisdiction in making the argument that there is much Canada could and should do in this regard even today.This is regardless as to whether universal jurisdiction is supported by state practice. There is much discussion about international justice and holding accountable those who have committed crimes against humanity and war crimes which raises the following question: What is the responsibility of foreign states when the states in which the crimes occurred, are unwilling, unable, incompetent or otherwise to prosecute the perpetrators of the crimes? The case of the crime of apartheid and the possible application of universal jurisdiction by Canada is a good case study to explore these questions.