The Prosecution and Punishment of International Crimes in Botswana

Abstract

The complementary jurisdiction of the International Criminal Court vis-a' -vis national jurisdictions imposes a duty on state parties to exercise criminal jurisdiction over those responsible for international crimes. States are required to amend their penal laws to bring them into line with the Rome Statute and to pass enabling legislation. This article assesses how the laws of Botswana allow for the prosecution of international crimes. It examines the challenges facing the Botswana courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes, as well as issues of immunity. It will further seek to ascertain whether the laws and policies reflect Botswana’s commitment to international criminal justice. By way of conclusion, the article highlights obstacles to the implementation of the Rome Statute and the prosecution of international crimes in Botswana.