oa Comparative and International Law Journal of Southern Africa - The ius in bello in South Africa: a postscript?
|Article Title||The ius in bello in South Africa: a postscript?|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Public Law, University of Natal, Durban|
|Publication Date||Mar 1991|
|Pages||72 - 87|
|Keyword(s)||Armed conflict, Humanitarian law, International armed conflict, International Law, Ius in bello, Law of war, Municipal practice and South Africa|
The main concern of this article on the law of war has been to trace its practical impact on the conduct of hostilities and the fate of ANC combatants to internationalise the South African armed conflict. It is clear that international law has until recently had little real impact on the conduct of the conflict. The government has not found the political will to apply international law. The political disadvantages of recognising the legitimacy of its enemies' combatants have outweighed the humanitarian imperatives for the application of international law. Nevertheless, the international community's less ambitious goal of curtailing the execution of ANC members has to some extent been realised through the consideration of international developments on sentence by the South African criminal courts. In allowing this consideration, South Africa has begun to follow the practice of other states faced with similar conflicts.
Article metrics loading...