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.
African Journal of International and Comparative Law – Edinburgh University Press
Published: May 1, 2020