Punishing international crimes in South Africa

Abstract

Even though numerous individuals have been sentenced for committing some of the most heinous crimes known to mankind, there still does not exist clear guidelines as to the process which should be followed by courts that are in the process of determining an appropriate sentence for individuals guilty of committing international crimes. The aim of this study was to establish how South African courts should approach the sentencing of individuals guilty of committing international crimes as South Africa has not as yet had to sentence an individual guilty of committing an international crime. It is, however, significantly clear that South African courts must follow Section 51 of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 and impose a sentence of imprisonment for life except if substantial and compelling circumstance exist which justifies a departure from this standard. In the establishment of substantial and compelling circumstances the South African courts will definitely revert to the jurisprudence of the international criminal courts and tribunals and that of South African criminal courts as well. This study is comprised of a literature review consisting of international legal instruments, legislation, electronic sources, text books, academic journals and South African, as well as international case law.