In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
The politics of Zimbabwe occurs in a society deeply divided along lines of race, ethnicity, gender and geography. The ZANU–PF party has historically been dominant in Zimbabwe politics. The party, which was led by Robert Mugabe from 1980 to 2017, has used the powers of the state to intimidate, imprison and otherwise hobble political opposition in Zimbabwe, as well as use state funds and state media to advance the interests of the party.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
Torture in Bahrain refers to the violation of Bahrain's obligations as a state party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other international treaties and disregard for the prohibition of torture enshrined in Bahraini law.
Filártiga v. Peña-Irala, 630 F.2d 876, was a landmark case in United States and international law. It set the precedent for United States federal courts to punish non-American citizens for tortious acts committed outside the United States that were in violation of public international law or any treaties to which the United States is a party. It thus extends the jurisdiction of United States courts to tortious acts committed around the world. The case was decided by a panel of judges from the United States Court of Appeals for the Second Circuit consisting of judges Wilfred Feinberg, Irving Kaufman, and Amalya Lyle Kearse.
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea. The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system. The revised Constitution of 1987 codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." The 1987 rewrite also established the Constitutional Court, the first time that South Korea had an active body for constitutional review.
General Augusto Pinochet was indicted for human rights violations committed in his native Chile by Spanish magistrate Baltasar Garzón in 1998. He was arrested in London six days later and held on house arrest for a year and a half before being released by the British government in 2000. Authorised to return to Chile, Pinochet was subsequently indicted by judge Juan Guzmán Tapia and charged with several crimes. He died in 2006 without having been convicted. His arrest in London made the front pages of newspapers worldwide; not only did it involve the head of the military dictatorship that ruled Chile between 1973 and 1990, it marked the first time judges had applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed in a country by former heads of state, despite the existence of local amnesty laws.
Jacob "Jackie" Sello Selebi was the National Commissioner of the South African Police Service from January 2000 to January 2008, when he was put on extended leave and charged with corruption. He was also a former President of African National Congress Youth League, South African ambassador to the United Nations from 1995 to 1998, and President of Interpol from 2004 to 2008. Selebi was found guilty of corruption on 2 July 2010 and sentenced to 15 years' imprisonment on 3 August 2010. However, he was released on medical parole in July 2012, after serving less than a year of his sentence, and lived at home until his death on 23 January 2015.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malawi face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are illegal within the nation. The Penal Code prohibits "carnal knowledge against the order of nature", attempts to commit "carnal knowledge against the order of nature", and acts of "gross indecency".
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
Beatrice Mtetwa is a Swazi was born 1957 and naturalised Zimbabwean lawyer who has been internationally recognized for her defense of journalists and press freedom. The New York Times described her in 2008 as "Zimbabwe's top human rights lawyer".
R v Bow St Metropolitan Stipendiary Magistrate [2000] 1 AC 61, 119 and 147 is a set of three UK constitutional law judgments by the House of Lords that examined whether former Chilean dictator Augusto Pinochet was entitled to claim state immunity from torture allegations made by a Spanish court and therefore avoid extradition to Spain. They have proven to be of landmark significance in international criminal law and human rights law.
Southern Africa Litigation Centre & Another v National Director of Public Prosecutions & Others [2012] ZAGPPHC 61 is a South African case, heard by the North Gauteng High Court in 2012.
Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.
In Phato v Attorney-General, Eastern Cape & Another; Commissioner of the South African Police Services v Attorney-General, Eastern Cape & Others, in two applications, which were combined for the purposes of the judgment, the issue was the right of an accused to access to the police docket relating to the accused's impending trial in a magistrate's court on a charge under the Witchcraft Suppression Act 3 of 1957.
Steven Arnold Majiedt is a South African judge of the Constitutional Court of South Africa. He joined the Constitutional Court in October 2019 as an appointee of President Cyril Ramaphosa. Formerly a practicing advocate, he served in the Supreme Court of Appeal from 2010 to 2019 and in the Northern Cape High Court from 2000 to 2010.
The Southern Africa Litigation Centre or SALC is a non-profit organization based in Johannesburg, South Africa which supports human rights lawyers in Southern Africa countries with expert legal advice, technical support and funding. SALC was founded by Nicole Fritz and she served as director for ten years. Kaajal Ramjathan-Keogh was thereafter appointed director and was later replaced by Anneke Meerkotter.
Jeremy John Gauntlett SC KC is a British–South African lawyer who practises public and commercial law. He entered legal practice as an advocate in Cape Town in 1976 and was admitted to the Bar of England and Wales in 1994. In addition to his chambers in Cape Town and Johannesburg, he is a tenant at Brick Court Chambers in London.
