Skip to Main Content
+27 21 959 2946library@uwc.ac.za

ukwazi 2   

Law: Transnational Criminal Justice

Discover the intricate world of transnational criminal justice with our specialised guide tailored for law students and researchers seeking in-depth knowledge and resources to navigate the challenges presented by crimes that transcend national borders.

International Criminal Law (ICL) is a specialised area of law that deals with the prosecution and punishment of individuals for serious international crimes that shock the conscience of humanity. It encompasses legal principles, rules, and institutions established to hold individuals accountable for committing murders that threaten global peace, security, and stability. International Criminal Law focuses on crimes of international concern and seeks to ensure justice, accountability, and the protection of human rights on a global scale.

The core crimes under International Criminal Law include:

  • Genocide: The intentional and systematic destruction, in whole or in part, of a national, ethnic, racial, or religious group.
  • Crimes Against Humanity: Widespread or systematic attacks directed against a civilian population, including murder, enslavement, torture, rape, and enforced disappearances.
  • War Crimes: Violations of the laws and customs of war, including targeting civilians, using prohibited weapons, and causing excessive civilian harm during armed conflict.
  • Aggression: The use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, in violation of international law.

International Criminal Law is enforced through various legal mechanisms, including international and hybrid criminal tribunals, national courts with universal jurisdiction, and the International Criminal Court (ICC). These institutions investigate, prosecute, and adjudicate cases involving individuals accused of committing international crimes.

International treaties, conventions, customary international law, and the jurisprudence of international courts and tribunals have shaped the development of International Criminal Law. Its evolution reflects the international community's commitment to promoting accountability, ending impunity, and upholding the principles of justice and human rights worldwide.

Prescribed and Recommended Readings

Case law

ICTY, Prosecutor v Dusko Tadic:

Prosecutor v Jean-Paul Akayesu:

John-Mark Iyi ‘Re-thinking the Authority of the UN Security Council to Refer Nationals of Non-party States to the ICC’ (2019) 66:3 Netherlands International Law review 391-417

Manuel J Ventura ‘The Duty to Investigate Zimbabwe Crimes Against Humanity (Torture) Allegations: The Constitutional Court of South Africa Speaks on Universal Jurisdiction and the ICC Act’ (2015) 13:4 Journal of International Criminal Justice 861-889.

Case law

Part II. Core Crimes in International Criminal Law

Convention

Case law

Prosecutor v Jean-Paul Akayesu:

Theodor Meron ‘Reflections on the Prosecution of War Crimes by International Tribunals’ (2006) 100:3 American Journal of International Law 551-579

Case law

Prosecutor v Dominic Ongwen:

Prosecutor v. Jean-Pierre Bemba Gombo:

William Schabas ‘Prevention of crimes against humanity’ (2018) 16:4 Journal of International Criminal Justice 705-728

Mispa Roux ‘New era for international criminal law: rethinking the definitions of crimes against humanity and genocide through the scope of its evolution as an outgrowth of war crimes’ (2017) 42:1 South African Yearbook of International Law 80-118

Case law

Prosecutor v Dominic Ongwen:

Prosecutor v. Jean-Pierre Bemba Gombo:

Part III: Enforcement of International Criminal Law

Part IV: Critical Approaches to International Criminal Law

UWC LIBRARY & INFORMATION SERVICES

University of the Western Cape,

Robert Sobukwe Road,

Bellville,

7535

Tel: 021 959 2946