MIL5901 Assignment 1
(COMPLETE ANSWERS)
2026 - DUE 4 July 2026
FOR ASSISTANCE
CONTACT
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, Essay Outline
Introduction
The violent suppression of pro-democracy protests in Eswatini from 2021 onwards resulted in
allegations of serious violations of international human rights and international criminal law. Security
forces allegedly used excessive force against civilians, resulting in numerous deaths, arbitrary arrests,
torture, enforced disappearances, and restrictions on freedoms of expression and assembly, including
internet shutdowns. These events raise questions regarding criminal accountability and the appropriate
forum for prosecuting those responsible. The possible forums include the International Criminal Court
(ICC), the proposed African Criminal Court under the Malabo Protocol, domestic courts of Eswatini, and
domestic courts of foreign states exercising universal jurisdiction. Each forum has different jurisdictional
requirements and legal obstacles.
1.1 Which forum would be suitable for trying which category of perpetrators? (15 Marks)
(a) International Criminal Court (ICC)
The ICC is designed to prosecute individuals responsible for genocide, crimes against humanity, war
crimes and aggression under the Rome Statute.
If the killings of protesters formed part of a widespread or systematic attack directed against the civilian
population pursuant to state policy, they may constitute crimes against humanity under Article 7 of the
Rome Statute.
Potential perpetrators include:
senior police commanders
military commanders
cabinet ministers
government officials responsible for ordering repression
political leaders who planned or authorized attacks
However, Article 25 establishes that only natural persons may be prosecuted. The ICC cannot prosecute:
the State of Eswatini
political parties
government institutions
Senior officials may incur responsibility through:
direct perpetration
ordering crimes
(COMPLETE ANSWERS)
2026 - DUE 4 July 2026
FOR ASSISTANCE
CONTACT
EMAIL:
, Essay Outline
Introduction
The violent suppression of pro-democracy protests in Eswatini from 2021 onwards resulted in
allegations of serious violations of international human rights and international criminal law. Security
forces allegedly used excessive force against civilians, resulting in numerous deaths, arbitrary arrests,
torture, enforced disappearances, and restrictions on freedoms of expression and assembly, including
internet shutdowns. These events raise questions regarding criminal accountability and the appropriate
forum for prosecuting those responsible. The possible forums include the International Criminal Court
(ICC), the proposed African Criminal Court under the Malabo Protocol, domestic courts of Eswatini, and
domestic courts of foreign states exercising universal jurisdiction. Each forum has different jurisdictional
requirements and legal obstacles.
1.1 Which forum would be suitable for trying which category of perpetrators? (15 Marks)
(a) International Criminal Court (ICC)
The ICC is designed to prosecute individuals responsible for genocide, crimes against humanity, war
crimes and aggression under the Rome Statute.
If the killings of protesters formed part of a widespread or systematic attack directed against the civilian
population pursuant to state policy, they may constitute crimes against humanity under Article 7 of the
Rome Statute.
Potential perpetrators include:
senior police commanders
military commanders
cabinet ministers
government officials responsible for ordering repression
political leaders who planned or authorized attacks
However, Article 25 establishes that only natural persons may be prosecuted. The ICC cannot prosecute:
the State of Eswatini
political parties
government institutions
Senior officials may incur responsibility through:
direct perpetration
ordering crimes
