South Africa's competing obligations in relation to international crimes - the Zimbabwe Torture Docket case

Abstract

The need to end impunity for international crimes is largely recognised by the international community. Accordingly, significant obligations have been imposed, by both conventional (treaty) and customary international law, on states to prosecute certain international crimes. In addition to the duty to prosecute, conventional international law also imposes the duty to investigate allegations of international crimes as well as the duty to cooperate in the investigation and prosecution of international crimes.Conventional law has in fact accentuated a duty upon states to exercise jurisdiction over international crimes.