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Reflecting on South Africa's Attempt to Withdraw from the Rome Statute in Favour of Immunities for Sitting Heads of State: An Analysis of the International Crimes Bill 2017

Reflecting on South Africa's Attempt to Withdraw from the Rome Statute in Favour of Immunities... This article reflects on South Africa's International Crimes Bill 2017 in relation to the customary international law immunities of sitting heads of states. It revisits the discussion on these immunities and examines their legal status in South Africa. It argues that if South Africa adopts the International Crimes Bill, subject only to the procedural prescripts of the Constitution of the Republic of South Africa, this will have the effect of recognising customary international law immunities for sitting heads of state in South Africa thereby resolving the legal conundrum arising from the non-recognition of immunities for sitting heads of state. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Reflecting on South Africa's Attempt to Withdraw from the Rome Statute in Favour of Immunities for Sitting Heads of State: An Analysis of the International Crimes Bill 2017

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Publisher
Edinburgh University Press
Copyright
Copyright © American Meteorological Society
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2020.0315
Publisher site
See Article on Publisher Site

Abstract

This article reflects on South Africa's International Crimes Bill 2017 in relation to the customary international law immunities of sitting heads of states. It revisits the discussion on these immunities and examines their legal status in South Africa. It argues that if South Africa adopts the International Crimes Bill, subject only to the procedural prescripts of the Constitution of the Republic of South Africa, this will have the effect of recognising customary international law immunities for sitting heads of state in South Africa thereby resolving the legal conundrum arising from the non-recognition of immunities for sitting heads of state.

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: May 1, 2020

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