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- Volume 16, Issue 1, 2003
South African Journal of Criminal Justice - Volume 16, Issue 1, 2003
Volume 16, Issue 1, 2003
Bringing the International Criminal Court home - the implementation of the Rome Statute of the International Criminal Court Act 2002Author Max Du PlessisSource: South African Journal of Criminal Justice 16, pp 1 –16 (2003)More Less
On 18 July 2002, Parliament passed the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. The Act ensures that South Africa complies with its obligations as a State Party to the Rome Statute of the International Criminal Court. This article provides a short introduction to the Act and examines some of its more interesting aspects. The conclusion advanced is that the Act suitably foments South Africa's support of the International Criminal Court system, and demonstrates that the country is responding to the world public's demand for a stand on genocide, crimes against humanity and war crimes. It is noted, however, that the Act's ultimate success lies not in the strength of its internal provisions, but on the external will of the government to use the Act to full effect against international criminals.
Author Mervyn E. BennunSource: South African Journal of Criminal Justice 16, pp 17 –37 (2003)More Less
The concept of amnesty is new in South African law, and some of the implications of this are considered with regard to the discretionary decision to prosecute human rights offenders who either did not apply for an amnesty for human rights abuses, or who applied and were refused. One of these implications is the admissibility of proceedings before the Truth and Reconciliation Commission in subsequent criminal trials of such persons. Accordingly, the legal effects of amnesty proceedings under the Promotion of National Unity and Reconciliation Act, 1995 are considered, and the extent to which the rule in <I>Hollington v Hewthorn & Co Ltd</I> would apply to findings by the TRC. The conclusion is reached that this rule is now of limited or no application, and that the record of findings by the TRC may accordingly constitute important incriminating evidence which is available to a criminal court hearing cases arising from human rights violations. The availability of this evidence will affect the exercise of the discretion to prosecute.
Author Hennie KotzeSource: South African Journal of Criminal Justice 16, pp 38 –57 (2003)More Less
Political scientists struggle to understand the attitudinal link between the public and the elite on major policy issues. Using survey data of the World Values Study of 2001 (N=3000) as well as that of an opinion-leader study of 2000 (N=393), this article examines the extent to which the public share the attitudes of the elite towards the functioning of the South African criminal justice system. The results indicate that there is not much congruency between elite and public attitudes. There is also a perception of institutional incapacity regarding the criminal justice system among elites as well as subsections of the public. Furthermore, the results provide us with evidence that can serve as an estimate of the degree to which the public can be expected to understand the policy positions of the elite.
Mitchell, Taylor and Talbot on Confiscation and the Proceeds of Crime, by Andrew R. Mitchell, Susan M.E. Taylor and Kennedy V. Talbot : book reviewAuthor Jonathan BurchellSource: South African Journal of Criminal Justice 16, pp 70 –72 (2003)More Less