South Africa’s Withdrawal from the ICC: The High Court Judgment and its Limits

Domestic legal challenges to the South Africa government’s decision to withdraw from the ICC are underway, and while the first instalment has a distinctly Brexit flavor, it also foreshadows more substantive constitutional arguments to come.

Continue Reading →

South Africa and the ICC, or: Whose Rights Does the Constitution Protect?  

When the South African government announced that it would withdraw from the International Criminal Court, a great number of commenters expressed shock and disappointment. Legal commentators have also weighed in, questioning the legality of withdrawing from the ICC (here) and a legal challenge on several terms seems inevitable. Here, I want to consider the possibility of challenging the withdrawal on the basis of the Bill of Rights.

Continue Reading →