MIL5901
Assignment 1 2026
Unique number:
Due Date: 4 July 2026
International Criminal Accountability for the 2021 Eswatini Protests
Introduction
The 2021 protests in Eswatini raise a serious question about where justice can realistically
be found when alleged crimes are linked to state power. 1 The facts point to possible crimes
against humanity, torture, unlawful detention, enforced disappearances and killings during
pro-democracy protests, and these acts cannot be treated as ordinary public order problems
only.1 The main difficulty is that the alleged perpetrators fall into different categories,
because soldiers, police officers, commanders, ministers, the prime minister, the King and
royal family members do not all enjoy the same legal position. The best answer is therefore
not one court only, but a careful choice of forum according to the status of each accused
person and the legal limits of each court.1
1.1 Which forum would be suitable for trying which category of perpetrators?
The International Criminal Court would be suitable for the most serious category of
perpetrators if the legal gateway into the Court can first be opened.1 The best candidates
Termsand
would be senior military commanders, police commanders, ministers, the prime minister of use
By making use of this document you agree to:
any civilian leaders who planned,
Useordered, assisted
this document or knowingly
as a guide for learning,allowed a widespread
comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
International Criminal Accountability for the 2021 Eswatini Protests
Introduction
The 2021 protests in Eswatini raise a serious question about where justice can
realistically be found when alleged crimes are linked to state power. 1 The facts point
to possible crimes against humanity, torture, unlawful detention, enforced
disappearances and killings during pro-democracy protests, and these acts cannot
be treated as ordinary public order problems only.2 The main difficulty is that the
alleged perpetrators fall into different categories, because soldiers, police officers,
commanders, ministers, the prime minister, the King and royal family members do
not all enjoy the same legal position. The best answer is therefore not one court only,
but a careful choice of forum according to the status of each accused person and the
legal limits of each court.3
1.1 Which forum would be suitable for trying which category of perpetrators?
The International Criminal Court would be suitable for the most serious category of
perpetrators if the legal gateway into the Court can first be opened. 4 The best
candidates would be senior military commanders, police commanders, ministers, the
prime minister and any civilian leaders who planned, ordered, assisted or knowingly
allowed a widespread attack on civilians.5 Article 25 of the Rome Statute is important
because it reaches people who contribute to crimes through orders, assistance or
participation, not only the person who physically shot a protester or signed a
detention order. The Court would be especially useful where local courts are
unwilling or unable to act properly, because the ICC only steps in when national
systems do not genuinely deal with the case.6
1
Rome Statute of the International Criminal Court 1998 art 7.
2
Amnesty International, Eswatini: The Human Rights Situation in Eswatini (Amnesty International
2021).
3
John Dugard and others, Dugard’s International Law: A South African Perspective (5th edn, Juta
2019) 162.
4
Rome Statute of the International Criminal Court 1998 arts 12 and 13.
5
Rome Statute of the International Criminal Court 1998 art 25(3).
6
Rome Statute of the International Criminal Court 1998 art 17.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 2026
Unique number:
Due Date: 4 July 2026
International Criminal Accountability for the 2021 Eswatini Protests
Introduction
The 2021 protests in Eswatini raise a serious question about where justice can realistically
be found when alleged crimes are linked to state power. 1 The facts point to possible crimes
against humanity, torture, unlawful detention, enforced disappearances and killings during
pro-democracy protests, and these acts cannot be treated as ordinary public order problems
only.1 The main difficulty is that the alleged perpetrators fall into different categories,
because soldiers, police officers, commanders, ministers, the prime minister, the King and
royal family members do not all enjoy the same legal position. The best answer is therefore
not one court only, but a careful choice of forum according to the status of each accused
person and the legal limits of each court.1
1.1 Which forum would be suitable for trying which category of perpetrators?
The International Criminal Court would be suitable for the most serious category of
perpetrators if the legal gateway into the Court can first be opened.1 The best candidates
Termsand
would be senior military commanders, police commanders, ministers, the prime minister of use
By making use of this document you agree to:
any civilian leaders who planned,
Useordered, assisted
this document or knowingly
as a guide for learning,allowed a widespread
comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 81 278 3372
International Criminal Accountability for the 2021 Eswatini Protests
Introduction
The 2021 protests in Eswatini raise a serious question about where justice can
realistically be found when alleged crimes are linked to state power. 1 The facts point
to possible crimes against humanity, torture, unlawful detention, enforced
disappearances and killings during pro-democracy protests, and these acts cannot
be treated as ordinary public order problems only.2 The main difficulty is that the
alleged perpetrators fall into different categories, because soldiers, police officers,
commanders, ministers, the prime minister, the King and royal family members do
not all enjoy the same legal position. The best answer is therefore not one court only,
but a careful choice of forum according to the status of each accused person and the
legal limits of each court.3
1.1 Which forum would be suitable for trying which category of perpetrators?
The International Criminal Court would be suitable for the most serious category of
perpetrators if the legal gateway into the Court can first be opened. 4 The best
candidates would be senior military commanders, police commanders, ministers, the
prime minister and any civilian leaders who planned, ordered, assisted or knowingly
allowed a widespread attack on civilians.5 Article 25 of the Rome Statute is important
because it reaches people who contribute to crimes through orders, assistance or
participation, not only the person who physically shot a protester or signed a
detention order. The Court would be especially useful where local courts are
unwilling or unable to act properly, because the ICC only steps in when national
systems do not genuinely deal with the case.6
1
Rome Statute of the International Criminal Court 1998 art 7.
2
Amnesty International, Eswatini: The Human Rights Situation in Eswatini (Amnesty International
2021).
3
John Dugard and others, Dugard’s International Law: A South African Perspective (5th edn, Juta
2019) 162.
4
Rome Statute of the International Criminal Court 1998 arts 12 and 13.
5
Rome Statute of the International Criminal Court 1998 art 25(3).
6
Rome Statute of the International Criminal Court 1998 art 17.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
