The Trials of Richard Goldstone

Terris, Daniel

doi:10.36019/9780813599991

2019

DOI: 10.36019/9780813599991

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The Trials of Richard Goldstone

Daniel Terris¹

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Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights

Dube

2020

PER

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The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances. If the people of South Africa are convinced that the Bill of Rights embraces a Western agenda more than it expresses their collective aspirations, it will lose its legitimacy. While acknowledging that the conception of the Bill of Rights is contested between the international human rights movement and some South Africans, this article shows that the Bill of Rights was neither adopted nor borrowed from the international human rights movement. South Africans did not assimilate the International Bill of Rights but conceived their own Bill of Rights in the early decades of the 20th Century. The conception of the South African Bill of Rights was a response to colonialism and apartheid and was not a consequence of tutelage by the international human rights movement.

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Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights

Dube

2020

PER

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Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

Sarkin

2021

International and Comparative Law Review

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Summary The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.

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The Trials of Richard Goldstone

Cited by 2 publications

References 0 publications

Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights

Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights

Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

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