n South African Journal on Human Rights - Serious human rights violations in Zimbabwe : of international crimes, immunities, and the possibility of prosecutions




From the viewpoint of international criminal law, the serious human rights abuses perpetrated in Zimbabwe have implications for the perpetrators. These implications are discussed, drawing on the jurisprudence of international criminal tribunals and the text of the Rome Statute of the International Criminal Court. Two important international law doctrines are relevant to any attempt to prosecute Zimbabwe's leaders: the doctrine of responsibility and superior orders, and the controversial doctrine of immunity. Possible avenues for prosecution of Zimbabweans implicated in international crimes include actions before foreign municipal courts and actions by the International Criminal Court. Consideration is also given to a possible prosecution under South Africa's Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002.


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