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Normative Standards And Practical Prospects For Further Prosecutions

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Chapter Summary

The process of initiating and conducting criminal trials in the wake of the Truth and Reconciliation Commission (TRC) for those who committed politically motivated gross human rights violations during the apartheid conflict has certainly not been dealt with exhaustively. Criminal proceedings concerning the politically motivated gross human rights violations of the apartheid era are invariably embedded in a legal framework. This chapter shows that under certain circumstances South Africa is obliged to prosecute acts of torture committed during the apartheid conflict, should those acts constitute crimes against humanity. The issue of strategy has proved to be of major concern in considering the approach towards post-TRC prosecutions. The fact that dozens of amnesty applications concerning prima facie politically motivated offences were refused due to a lack of full disclosure suggests that, potentially, a great number of cases could still be dealt with by the PCLU.

Keywords: gross human rights violations; South Africa; Truth and Reconciliation Commission (TRC)



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