This article considers the Constitutional Court judgment in the SADC Tribunal judgment from the perspective of the methodology of international law. The judgment came to the conclusion that the President’s conduct in ...

In June 2015, South Africa hosted the African Union Summit. The Sudanese President, Al Bashir, under an ICC arrest warrant for, inter alia, genocide, attended the Summit. As a State Party to the Rome Statute, South Africa ...

The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State ...

In July 2014, the African Union adopted a new Protocol amending the Protocol on the African Court. In doing so it included a provision stating that certain state officials shall be immune from prosecution during their ...

In 2018, the International Law Commission (ILC) celebrated its 70th anniversary. In this commemorative year, the Commission had a number of topics on its agenda. It completed, on second reading, draft conclusions on the ...

In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international ...

While international lawyers have not traditionally paid much attention to the phenomenon of populism, a recent upswing in the populist movements in governments around the world has led to an increase in the fascination of ...

The 68th session of the International Law Commission (the Commission), held in 2016, was a significant one for the Commission. First, on a more substantive level, the Commission adopted a final text on a major topic, ...

Between February and March 2011, the United Nations Security Council adopted a series of resolutions with potentially far reaching implications for international law relating to the use of force. The Council adopted ...