Azanian People’s Organization (AZAPO) and Others v. President of the Republic of South Africa and Others

Abstract

Human rights — Due process — Right to have disputes determined by court — Whether right violated by amnesty provisions in constitution — Constitution of the Republic of South Africa Act 1993 — Promotion of National Unity and Reconciliation Act 34 of 1995, Section 22

Treaties — Geneva Conventions, 1949, and Protocols thereto — Whether granting of amnesty constituting violation of State’s obligations under Geneva Conventions — Whether Geneva Conventions applicable to conflict in South Africa — Promotion of National Unity and Reconciliation Act 1995, Section 20(7)

War and armed conflict — Internal and international conflicts — South Africa — Whether Geneva Conventions and Protocols applicable to conflict in South Africa

International criminal law — International crimes — Amnesty — Whether a violation of rights of victims — Truth and Reconciliation Commission

Relationship of international law and municipal law — Relevance of question whether international law prescribing a different duty to issue of constitutionality of municipal law amnesty provisions — Whether and to what extent Parliament having right to override rights and obligations under international agreements — The law of South Africa