This book presents diverse perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights such important themes related to any post-conflict prosecution as rule-of-law concerns, questions of evenhandedness and moral relativism, and the limits of a court-centered approach to justice.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
In its last decades, the apartheid regime was confronted with an existential threat. While internal resistance to the last whites-only government grew, mandatory international sanctions prohibited sales of strategic goods and arms to South Africa. To counter this, a global covert network of nearly fifty countries was built. In complete secrecy, allies in corporations, banks, governments and intelligence agencies across the world helped illegally supply guns and move cash in one of history's biggest money laundering schemes. Whistleblowers were assassinated and ordinary people suffered. Weaving together archival material, interviews and newly declassified documents, Apartheid Guns and Money exposes some of the darkest secrets of apartheid's economic crimes, their murderous consequences, and those who profited: heads of state, arms dealers, aristocrats, bankers, spies, journalists and secret lobbyists. These revelations, and the difficult questions they pose, will both allow and force the new South Africa to confront its past.
Ahmed Timol is one of the most celebrated official murder victims of apartheid South Africa, in the grim company of Solwande 'Looksmart' Ngudle, Joseph Mdluli, Dr. Hoosen Haffejee, Steve Biko, Neil Aggett, the Imam Haron and so many others. The technique of 'defenestratio, ' the act of being teasingly dangled and sometimes dropped, by accident or on purpose, from a high police window, was immortalised in his own death. Ahmed Timol plunged ten stories and hit the ground under bushes at Johannesburg's notorious John Vorster Square.
The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Justine van der Leun reopens the murder of a young American woman in South Africa, an iconic case that calls into question our understanding of truth and reconciliation, loyalty, justice, race, and class—a gripping investigation in the vein of the podcast Serial “Timely . . . gripping, explosive . . . the kind of obsessive forensic investigation—of the clues, and into the soul of society—that is the legacy of highbrow sleuths from Truman Capote to Janet Malcolm.”—The New York Times Book Review The story of Amy Biehl is well known in South Africa: The twenty-six-year-old white American Fulbright scholar was brutally murdered on August 25, 1993, during the final, fiery days of apartheid by a mob of young black men in a township outside Cape Town. Her parents’ forgiveness of two of her killers became a symbol of the Truth and Reconciliation process in South Africa. Justine van der Leun decided to introduce the story to an American audience. But as she delved into the case, the prevailing narrative started to unravel. Why didn’t the eyewitness reports agree on who killed Amy Biehl? Were the men convicted of the murder actually responsible for her death? And then van der Leun stumbled upon another brutal crime committed on the same day, in the very same area. The true story of Amy Biehl’s death, it turned out, was not only a story of forgiveness but a reflection of the complicated history of a troubled country. We Are Not Such Things is the result of van der Leun’s four-year investigation into this strange, knotted tale of injustice, violence, and compassion. The bizarre twists and turns of this case and its aftermath—and the story that emerges of what happened on that fateful day in 1993 and in the decades that followed—come together in an unsparing account of life in South Africa today. Van der Leun immerses herself in the lives of her subjects and paints a stark, moving portrait of a township and its residents. We come to understand that the issues at the heart of her investigation are universal in scope and powerful in resonance. We Are Not Such Things reveals how reconciliation is impossible without an acknowledgment of the past, a lesson as relevant to America today as to a South Africa still struggling with the long shadow of its history. “A masterpiece of reported nonfiction . . . Justine van der Leun’s account of a South African murder is destined to be a classic.”—Newsday
