The Application of Universal Jurisdiction in South Africa: A Study of National Courts’ Jurisdiction over International Crimes

Abstract

Universal jurisdiction is a principle of international law that allows national courts to prosecute certain grave international crimes regardless of where they were committed or the nationality of the perpetrators or victims. South Africa, as a state committed to international criminal justice, has incorporated this principle into its domestic law through statutes like the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (“ICC Act”) and the Prevention and Combating of Torture of Persons Act 13 of 2013 (“Torture Act”). These laws empower South African courts to try perpetrators of genocide, war crimes, crimes against humanity, and torture even if such crimes occurred outside South African territory. This article provides an academic analysis of how universal jurisdiction is codified and applied in South Africa, including a discussion of the main categories of international crimes, an examination of the country’s legislative framework, and an overview of major cases in particular the landmark Southern African Litigation Centre v National Director of Public Prosecutions (“Zimbabwe Torture Docket” case). The article further analyzes the legal, political, and practical challenges South Africa faces in implementing universal jurisdiction, such as issues of complementarity, immunities, diplomatic sensitivities, and the difficulty of investigating crimes committed abroad. It concludes that while South Africa’s courts and laws have laid a strong foundation for exercising universal jurisdiction over international crimes, significant challenges remain in turning legal principles into effective prosecutions, highlighting the tension between the country’s international obligations and political realities.

Keyword: Universal Jurisdiction, International Criminal Law, South Africa, Genocide, Crimes against Humanity and War Crimes, Rome Statute Implementation