How research impacts judges decisions

[Music] I’m deaf work and a professor of public international law at the University of Oxford and an academic affiliate at the bonagora Institute for Human Rights and I’m Malcolm Wallace I’m a judge of the Supreme Court of Appeal in South Africa and I’m a visitor to the Bonneville Institute of Human Rights doing research here Markham last year you were a judge in a case in South Africa where you decided that the South African government had an obligation to arrest the Sudanese President Omar al-bashir maybe you can tell us a bit about that case well it was he came to South Africa for an au conference a legal challenge was brought to say that the government was obliged to arrest him because it didn’t do so and he came to our court eventually Pete by then left the country and we held that under the statute under which South Africa acceded to the Rome convention the government was in fact obliged to cause him to be arrested pursuant to the ICC warrant and that this overrode or was preference to the statute that would ordinarily have vested him with diplomatic immunity as a hitter’s as a visiting head of state and as far as I’m aware this is the only time that a domestic court has dealt with this question and so not only does your judgment stand in South Africa it’s it’s as far as I know it’s still the only judgment in which this issue has been resolved and so it’s authoritative in in that sense too and in the judgment you relied on two articles that I have written on this issue because this is one of my areas of of research and I was and remain curious as to remain curious as to why you found those particular articles useful to you in your judgement well they were helpful because you had set out the the structure of the ICC how it worked with a reference from the Security Council which this one was one of only two some of the problems that arose from that reference about immunity and the arguments in favor of immunity and article 98 and the earlier article had been specifically about president al-bashir and immunity so they converged with the very problem before the court and provided a useful and very informative structure and background to the problem we were reading as a judge you have a choice as to the materials that you refer to obviously you refer to two previous cases and there are other things that you might choose to refer to and I wonder what it is that might sort of draw your attention to a particular piece of academic writing what are you looking for what do you find helpful in academic writing and what advice do you have for academics who might hope to to speak beyond academia speak to the judiciary what are the sort of things they should be thinking about that they’re they’re doing their research and doing their writing obviously the first thing is clarity and comprehensiveness of expression but most importantly if you’re going to want the the judge and if you’re talking about the judge you’re really talking about also the profession the practitioner if you want them to pay attention to what you’re writing you have to write to or address the situations that they are going to encounter we don’t by and large have the time to be philosophers of the law who leave that for the the jurisprudence and and so on where we’re in the business of dealing with specific cases and specific problems you [Music]

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Youth debate human rights issues

well lender reform free education and Human Rights came under the spotlight at the Sanger high school in Ananda kwazulu-natal on human rights day now the event saw scores of learners from schools in and around ananda converged on the burial site of john el baile de to be the founding president of the ANC to checkol modern-day challenges now with the expropriation of land without compensation featuring quite prominently high school located at one of the highest points overlooking the township of Ananda the school has reached political history for South Africa it was the home of John land ally banana to be the founding president of the ANC Dube was buried here in 1946 in 1994 during our first democratic elections Nelson Mandela cast his vote here in tribute to Dube and 24 years on young people lawyers politicians activists and members of civil society are discussing some of the challenges facing South Africa human rights month young people are demanding answers on land free education and human rights why it does in other school Alana’s pay school fees if education is not to be sold because education is also a right I don’t understand why it’s seen a CEO no 4% and then born about Kamehameha Basra what about only 72% well the people that’s being distributed that land use it to to benefit our country or will that lead to food insecurity a panel made up of lawyers activists and politicians was on hand to provide answers reality is it is not sustainable to have these patterns of land ownership in this country if these things are not attended they will then reverse the gains there were made with the advent of democracy and you have to organize the people and protest but this underlying thing is that you need to protest peacefully why do people pay or students pay your parents are obliged to pay school fees the bottom line is that if you can afford it you should be paying for it am I correct because by you paying for it it allows others who are deserving of not paying for it not paying for it was will natal health MBC was the keynote speaker I want to say part of bringing back the lens will be to restore our dignity and to restore our our respect we would really want to say I learned I achieve we really are demanding it we are demanding it Baba this Township is going to allow a black child it’s going to allow a South African child not to be restrained by color in terms of their outlook as we continue to mark Human Rights month these learners say they will be keeping a close watch on government to see how free education will be rolled out and land reform implemented they say South Africa owes it to people like John langille ebay lilette dubey and Nelson Mandela that free education and land reform happens in our lifetime dondochakka s ABC News

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