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- Title
South Africa's Failed Withdrawal from the Rome Statute: Politics, Law, and Judicial Accountability.
- Authors
du Plessis, Max; Mettraux, Guénaël
- Abstract
The present article discusses South Africa's failed process of withdrawal from the International Criminal Court (ICC) in the context of the decision of the High Court of South Africa that the Government's attempt to take the country out of the ICC was both illegal and invalid. The misguided process was blinded by political considerations and legal miscalculations, which could have had grave consequences both for the court and the reputation of South Africa. In challenging the Government, the High Court righted a legal wrong and gave the Government a much-needed breathing space to reconsider its position vis-a'-vis the court. This might also pave the way for a more constructive role for South Africa in which it would contribute from within the court system to building a stronger, more effective, and more universalist judicial entity.
- Subjects
SOUTH Africa; JUDICIAL accountability; POLITICAL parties; UNIVERSALISTS; STATUTES; INTERNATIONAL Criminal Court
- Publication
Journal of International Criminal Justice, 2017, Vol 15, Issue 2, p361
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqx015