'Customary international law' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Jurisdiction of South African Courts and Institution od Prosecutions in South African Courts in Respect of Crimes (ss 4-5)

4 Jurisdiction of South African courts in respect of crimes

(2) Despite any other law to the contrary, including customary and conventional international law, the fact that a person

(a) is or was a head of State or government, a member of a government or parliament, an elected representative or a government official; or

(b) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior,

is neither-

(i) a defence to a crime; nor

(ii) a ground for any possible reduction of sentence once a person has been convicted of a crime.

Chapter 1
Definitions, Objects and Interpretation of an Act (ss 1-3)

2 Applicable law

In addition to the Constitution and the law, any competent court in the Republic hearing any matter arising from the application of this Act must also consider and, where, appropriate, may apply-

(a) conventional international law, and in particular the Statute;

(b) customary international law; and

(c) comparable foreign law.