Use Of Diplomatic Protection To Prosecute Perpetrators Of Xenophobic Attacks In South Africa.

Abstract

Xenophobia in South Africa is expressed as negative attitudes towards foreigners, but also, it occurs in xenophobic practices such as discrimination, exploitation and violence. The attitude of hatred towards foreigners is especially held against people coming from other African countries. Being a nation of hope and “greener pasture” to foreigners from especially many African countries, such discriminatory attitudes and practices may lead to consequences of magnitude proportion if left unabated. Following a qualitative approach of enquiry, the aim of this paper is to consider whether the doctrine of diplomatic protection may be used to prosecute perpetrators of xenophobic attacks in South Africa; in light of developments under international law.