At Home and Abroad: Using International Law Frameworks Globally and Domestically to Secure South Africa’s Rights Obligations

What are the considerations unique to public interest litigation before supra-national courts? Given the demise of the SADC Tribunal in the wake of the Zimbabwe-related land judgements, are there lessons to be learnt as to the type of litigation to be brought? What are the prospects of South African litigants seeking to access the new African Court of Justice and Human Rights? Conversely, how are South Africa’s Implementation of the Rome Statute for the International Criminal Court Act and Geneva Conventions Act to be responsibly invoked to secure accountability for egregious international crimes? Is there scope to use these laws to secure accountability for apartheid era crimes? Can strategically selected litigation mitigate risk of public/political backlash?

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