oa Comparative and International Law Journal of Southern Africa - Nowhere to hide. The case against PW Botha
|Article Title||Nowhere to hide. The case against PW Botha|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of the Witwatersrand, Johannesburg|
|Publication Date||Nov 2003|
|Pages||289 - 307|
|Keyword(s)||Apartheid regime, Doctrine of sovereign immunity, Extradition, Immunity, International crimes, International human rights law, Jurisdiction to prosecute, PW Botha and Violation of human rights|
In this article I have tried to demonstrate that PW Botha is allegedly responsible for the commission of grave violations of human rights under his government's policy of apartheid; apartheid is a crime against humanity which, as such, confers universal jurisdiction on the foreign municipal courts of every state in the world; Botha enjoys no immunity whatsoever for the commission of these international crimes; and despite Botha's failure to apply for amnesty at the TRC, and despite the current South African government's ability to do so, there is an unwillingness, or else an apathy, to prosecute him.
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