PP019
Analítico de Periódico
P89_32
P89_32
SARKIN, Jeremy
Understanding the changing relationship of South Africa and the International Criminal Court : towards a culture of greater impunity in Africa? / Jeremy Sarkin
THEMIS - Revista da Faculdade de Direito da UNL, Coimbra, n.32 (Ano XVIII.2017), p.7-33
Estante n.º 13
TRIBUNAL PENAL INTERNACIONAL, IMPUNIDADE, DIREITOS HUMANOS
One of the main problems with the international human rights system is the Iack of enforcement/prosecution for massive human rights violations. While there have been many developments on the international criminal justice front, such as the creation of the International Criminal Court (ICC), there are many issues that have become controversial. One of the countries that has played a crucial part in the formation of the ICC, and then became one of the first countries to try and withdraw from it, is South Africa. This article therefore reviews South Africa’s past, present and future as far as international criminal justice is concerned. It specifically investigates South Africa’s relationship to the ICC. It examines how South Africa had a very problematic role with the international community prior to 1994, on issues relating to justice, and how South Africa’s position during the Mandela presidency was the high point of South Africa’s prioritizing of human rights and international criminal justice in its foreign policy agenda. The article argues that there has been a shift during the presidencies of Thabo Mbeki and Jacob Zuma, and that the country now prioritizes politics and economics over human rights. This article examines South Africa’s foreign policy and domestic journey in relation to international criminal justice. It focuses on how South Africa’s relationship with the ICC has changed from enthusiasm to then being opposed to it. It explains how South Africa has seen its position on accountability for human rights violations changing on a range of issues to achieve a greater status in international relations. It explains how it has used its stance on particular matters, in the hope of achieving a Security Council seat in possible processes of United Nations reform.