, CPR3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2026 - DUE August 2026; 100% Correct
solutions and explanations.
QUESTION 1: Whether X may be charged by a South African court
Yes. X may potentially be charged and prosecuted by a South African court,
notwithstanding that the alleged crimes were committed in Zamunda. The strongest basis
for jurisdiction is the Implementation of the Rome Statute of the International
Criminal Court Act 27 of 2002 (“ICC Act”), particularly because the alleged execution
of more than 200 civilians may constitute crimes against humanity and/or war crimes.
(a) Whether the alleged offences fall within the category of offences that may be
adjudicated by a South African court
The ICC Act specifically provides for South African prosecution of three categories of
international crimes: genocide, crimes against humanity and war crimes. Section 1
defines a “crime” for purposes of the Act as genocide, a crime against humanity or a war
crime. The Act further expressly states that its purpose is to enable South African High
Courts to adjudicate cases involving these crimes committed both inside and, in certain
circumstances, outside South Africa.
On the facts, X is alleged to have participated directly in the execution of more than 200
men, women and children following an attempted coup. The killings may constitute
murder as a crime against humanity if the prosecution can establish that they formed
part of a widespread or systematic attack directed against a civilian population, with the
required knowledge and intent. The large-scale killing of civilians and the discovery of a
mass grave containing more than 200 bodies provide facts capable of supporting such an
allegation.
The conduct may also constitute a war crime, depending on whether the killings
occurred in the context of and were sufficiently connected to an armed conflict. The
precise classification would ultimately depend on evidence concerning the nature of the
conflict in Zamunda and the circumstances in which the victims were killed.
Therefore, the alleged conduct falls within the category of international crimes over
which South African courts can exercise jurisdiction under the ICC Act. Section 4(1)
makes a person who commits one of these crimes guilty of an offence under South
African law.
(b) The authority conferring jurisdiction on the South African court
Semester 2 2026 - DUE August 2026; 100% Correct
solutions and explanations.
QUESTION 1: Whether X may be charged by a South African court
Yes. X may potentially be charged and prosecuted by a South African court,
notwithstanding that the alleged crimes were committed in Zamunda. The strongest basis
for jurisdiction is the Implementation of the Rome Statute of the International
Criminal Court Act 27 of 2002 (“ICC Act”), particularly because the alleged execution
of more than 200 civilians may constitute crimes against humanity and/or war crimes.
(a) Whether the alleged offences fall within the category of offences that may be
adjudicated by a South African court
The ICC Act specifically provides for South African prosecution of three categories of
international crimes: genocide, crimes against humanity and war crimes. Section 1
defines a “crime” for purposes of the Act as genocide, a crime against humanity or a war
crime. The Act further expressly states that its purpose is to enable South African High
Courts to adjudicate cases involving these crimes committed both inside and, in certain
circumstances, outside South Africa.
On the facts, X is alleged to have participated directly in the execution of more than 200
men, women and children following an attempted coup. The killings may constitute
murder as a crime against humanity if the prosecution can establish that they formed
part of a widespread or systematic attack directed against a civilian population, with the
required knowledge and intent. The large-scale killing of civilians and the discovery of a
mass grave containing more than 200 bodies provide facts capable of supporting such an
allegation.
The conduct may also constitute a war crime, depending on whether the killings
occurred in the context of and were sufficiently connected to an armed conflict. The
precise classification would ultimately depend on evidence concerning the nature of the
conflict in Zamunda and the circumstances in which the victims were killed.
Therefore, the alleged conduct falls within the category of international crimes over
which South African courts can exercise jurisdiction under the ICC Act. Section 4(1)
makes a person who commits one of these crimes guilty of an offence under South
African law.
(b) The authority conferring jurisdiction on the South African court
