Kayan Leung, from the Strategic Litigation Programme at Lawyers for Human Rights, discusses the role of South African civil society in enforcing international criminal law in domestic courts. She discusses South Africa’s legal and political history with international criminal law, ongoing cases and campaigns, and relevant lessons for expanding the exercise of universal jurisdiction to African countries.
Timestamps:
00:10 How have South African civil society organisations contributed to bringing forward potential international crimes cases before South African courts?
01:57 Does South Africa’s past attempt to withdraw from the ICC impact on its willingness or ability to exercise universal jurisdiction for international crimes through the Rome Statute implementation act ?
02:42 Should only European states exercise universal jurisdiction? What opportunities exist for expanding the exercise of universal jurisdiction to African countries, and how can states be encouraged to adopt and implement this principle?
04:49 Could regional collaboration among African civil society enhance the use of universal jurisdiction to prosecute international crimes on the continent?
07:42 What are the most significant legal, political, and logistical challenges faced by African countries, including South Africa, in exercising universal jurisdiction?
09:05 To what extend do financial considerations influence the government’s decision not to pursue universal jurisdiction cases?
10:40 How can civil society organisations encourage South African prosecutorial authorities to be more receptive to exercising universal jurisdiction?
