Expert Researcher

Max Du Plessis

About

Publications: 16
AREAS OF EXPERTISE
EDUCATION
All work from Max Du Plessis
1 November 2015

The Zimbabwe Torture Docket Decision and Proactive Complementarity

“The decision of a landmark case heard in the South African Constitutional Court means there is an obligation for states to complement the work of the International Criminal Court – extending the court’s influence in prosecuting serious crimes of inter …

Continue reading ›
1 December 2013

Universalising International Criminal Law The ICC, Africa and the Problem of Political Perceptions

“The aim of this paper is to discuss the universal reach and aspirations of the world’s first permanent International Criminal Court (ICC), why the ICC’s reach thus far has been focused exclusively on the African continent, and how this geographic limi …

Continue reading ›
1 June 2013

The Geneva Conventions and South African Law

“According to the preamble, the purpose of the Geneva Conventions Act is two-fold: to enact the Geneva Conventions and its Protocols into South African law, and to ensure the prevention and punishment of grave and other breaches. The first aim is accom …

Continue reading ›
1 November 2012

African Efforts to Close the Impunity Gap Lessons for Complementarity from National and Regional Actions

“The aim of this paper is to highlight some of the successes and challenges of domestic and regional international criminal justice processes in Africa. That discussion might be framed as one about ‘complementarity’ in a broad sense – the idea that sta …

Continue reading ›
1 June 2012

Implications of the AU Decision to Give the African Court Jurisdiction over International Crimes

“This paper considers the decision by the African Union (AU)to expand the jurisdiction of the African Court of Justice and Human Rights to act as an international criminal court with jurisdiction over the international crimes of genocide, war crimes an …

Continue reading ›
1 May 2012

Links Between Climate Change, Conflict and Governance in Africa

“This paper reviews the linkages between climate change, governance and security threats in Africa, and analyses the response of the international community in formulating climate change policies to ensure future security and prevent conflict. It also …

Continue reading ›
1 October 2011

Balancing Competing Obligations The Rome Statute and AU Decisions

“This paper will not attempt to untangle the broader political standoff between the AU and the ICC. Rather it will interrogate the legal aspects thereof. First, the paper seeks to delineate the various obligations on African states in respect of Bashir …

Continue reading ›
1 May 2011

Justice and the Libyan Crisis: The ICC’s Role under Security Council Resolution 1970

“The ICC’s work in Libya’s conflict zone is imperative and deserves continued support – although the road ahead already appears long and strewn with hurdles. In these early days there are at least positive signs from within the continent that Gaddafi’s …

Continue reading ›
1 August 2010

The International Criminal Court that Africa Wants

“The monograph argues that it is imperative that Africa’s 31 members of the ICC are encouraged to take seriously their obligations under the Rome Statute to ensure accountability for perpetrators, and that the 53 members of the AU are called to affirm …

Continue reading ›
1 November 2008

The International Criminal Court and its Work in Africa: Confronting the Myths

“This paper is an attempt to grapple with certain myths that have recently been propagated by a number of individuals, including government officials, political leaders and civil society members (including the media), regarding the world’s first perman …

Continue reading ›
1 June 2008

Justice and Peace in a New Zimbabwe Transitional Justice Options

“Against the backdrop of an international legal and normative framework which may shape justice options, the first part of this paper addresses the question ‘why a truth commission?’We suggest that Zimbabwe’s particular experiences necessitate a nation …

Continue reading ›
1 March 2008

Unable or Unwilling? Case Studies on Domestic Implementation of the ICC Statute in Selected African Countries

“This monograph is intended to contribute to enhanced understanding of the reasons why some African states have been slow in meeting their domestication obligations under the Rome Statute. In the international arena, African countries were generally ve …

Continue reading ›
1 August 2006

Report from a Symposium on the Investigation and Prosecution of ‘Core International Crimes’ and the Role of the International Criminal Court in Africa

“The first objective was to lay the foundation for greater cooperation between the African Union (AU) and the ICC. The second, and related, objective was to highlight the problems and politics (both domestically within African states and regionally wit …

Continue reading ›
1 August 2006

Report from a Symposium on the Investigation and Prosecution of ‘Core International Crimes’ and the Role of the International Criminal Court in Africa

“The International Criminal Court stands as a working model of international criminal justice in terms of which an international criminal forum applies rules of international law, is staffed by independent prosecutors and judges, and holds persons indi …

Continue reading ›
1 February 2006

Who Guards the Guards? The International Criminal Court and Serious Crimes Committed by Peacekeepers in Africa

“This monograph addresses whether or not international criminal law and the newly established International Criminal Court (ICC)may have a role to play in the effective prosecution of peacekeepers who have committed serious crimes. At a meeting of Afri …

Continue reading ›
1 January 2002

Truth and Reconciliation Processes: Lessons for Zimbabwe

“This report examines various African and other truth commission processes with the aim of mapping a strategy and offering a model in the event that Zimbabwe should opt for a truth and reconciliation commission (TRC) as a means of overcoming its herita …

Continue reading ›