National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012)
National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168; 2014 (2) SA 42 (SCA); [2014] 1 All SA 435 (SCA) (27 November 2013)
The Supreme Court of Appeal held that the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 empowers South African authorities to investigate crimes against humanity committed outside South Africa, irrespective of the alleged perpetrators' presence in the country. The SAPS and NPA misconstrued their powers and obligations under the ICC Act and related legislation. The Act criminalises such conduct at the time of its commission, and the SAPS, through its Directorate for Priority Crime Investigation (the Hawks), has the competence to initiate investigations i…
Source excerpt
- Implementation Of Rome Statute
- Crimes Against Humanity
- Universal Jurisdiction
- Investigative Powers
- Extraterritorial Criminal Jurisdiction
- Constitutional Obligations