The Prosecution of South African Apartheid Crimes Domestically and at the International Criminal Court.

Abstract

The rule of law dictates that no one is above the law. The issue is whether this principle applies to apartheid crime perpetrators or not. Apartheid was declared a crime against humanity by the United Nations in the 1960s yet, to date, not even a single person has been prosecuted for the crime of apartheid in South Africa. The perpetrators of these inhumane and egregious crimes still walk the streets as if they did nothing wrong. Some have passed on without ever being held accountable for their roles in the apartheid crimes. There appears to be a great reluctance to prosecute the said crimes. This reluctance can be seen both domestically and internationally. The National Prosecuting Authority and the International Criminal Court have not done their part. The continued non-prosecution of apartheid crimes amounts to condonation of these inhumane and egregious crime. This paper will consider the question whether the International Criminal Court has jurisdiction to deal with the South African apartheid crimes. It will also consider the jurisdiction and the role to be played by the National Prosecuting Authority in bringing perpetrators to book.