Prosecuting human trafficking at the international level: A case for Rome Statute reform

by | Mar 1, 2026 | SACJ, SACJ V38 I3 2025

ARTICLE

Prosecuting human trafficking at the international level: A case for Rome Statute reform

Author: Meg James

ISSN: 1996-2118
Affiliations: LLB LLM (cum laude) (Stell); Assistant to the Ambassador, Royal Danish Embassy, The Netherlands
Source: South African Journal of Criminal Justice, Volume 38 Issue 3, p. 361-379
https://doi.org/10.47348/SACJ/v38/i3a2

Abstract

Human trafficking remains one of the most pervasive forms of modern exploitation, affecting millions globally, yet it lacks explicit recognition as a distinct international crime under the Rome Statute. Current legal frameworks, including the Rome Statute of the International Criminal Court, partially address trafficking through proximate categories such as enslavement or sexual slavery. However, these classifications often require proof of ownership-like control, fail to capture the full spectrum of trafficking practices, and leave significant groups of victims without recourse to justice. This article examines the definitional, historical, and jurisprudential distinctions between trafficking and slavery, evaluates the Rome Statute’s existing categories of crimes against humanity, and highlights the limitations of relying on legal proxies. Drawing on the Palermo Protocol and international case law, the article argues for the inclusion of trafficking as a standalone crime under the Rome Statute. It proposes specific amendments to article 7 and discusses the procedural and political challenges inherent in such reform. Recognising trafficking explicitly would enhance the International Criminal Court’s capacity to prosecute human trafficking, provide coherent legal protections for victims, and reinforce the international community’s commitment to combating modern slavery in all its forms.

Comparative view on the use of facial recognition technology by law enforcement in South Africa

by | Mar 1, 2026 | SACJ, SACJ V38 I3 2025

ARTICLE

Comparative view on the use of facial recognition technology by law enforcement in South Africa

Author: Jacqui Meyer

ISSN: 1996-2118
Affiliations: LLB (UP) LLM (Unisa); Head of Law, Varsity College, Independent Institute of Education, Pretoria
Source: South African Journal of Criminal Justice, Volume 38 Issue 3, p. 380-424
https://doi.org/10.47348/SACJ/v38/i3a3

Abstract

The growing use of facial recognition technology (FRT) by law enforcement in South Africa presents urgent legal, ethical, and governance challenges. While FRT is often promoted as a tool to enhance safety and crime prevention, its deployment reveals deep tensions between technological efficiency and constitutional rights to privacy, dignity, and equality. This article examines the operation of contemporary FRT systems – rooted in machine learning and high-dimensional data analysis – highlighting their opacity and potential error and bias. It further explores the phenomenon of function creep, where surveillance technologies expand beyond their original intent, often without public awareness or regulatory oversight. Drawing on South African case examples, including Vumacam’s CCTV network and biometric data collection under the Independent Communications Authority of South Africa’s (ICASA) proposals, the article situates these developments within comparative frameworks such as the European Union’s Artificial Intelligence Act. It argues that South Africa urgently requires a comprehensive, human rights-based regulatory framework to prescribe the specific circumstances and safeguards for the law enforcement use of FRT. Such a framework would ensure proportionality, transparency, and accountability, thereby preventing technological advancements from outpacing legal protections.

Fitness-to-stand trial and disability discrimination: An international criminal justice appraisal in the Félicien Kabuga case

by | Mar 1, 2026 | SACJ, SACJ V38 I3 2025

ARTICLE

Fitness-to-stand trial and disability discrimination: An international criminal justice appraisal in the Félicien Kabuga case

Author: Simeon P Sungi

ISSN: 1996-2118
Affiliations: LLB(Hons) LLM MA PhD; Associate Professor of Criminal Justice, Department of Sociology and Criminal Justice, United States International University-Africa, Kenya
Source: South African Journal of Criminal Justice, Volume 38 Issue 3, p. 425-449
https://doi.org/10.47348/SACJ/v38/i3a4

Abstract

The right to a fair trial is a fundamental element of international criminal justice, guaranteeing that every accused person has the mental and physical ability to effectively participate in their defence. When an accused’s fitness to stand trial is affected by age or disability, complex legal and ethical issues emerge between the pursuit of justice and protecting individual rights. This article critically explores these issues through the case of Félicien Kabuga, the alleged financier of the 1994 Rwandan genocide, whose advanced age and cognitive decline have sparked debates about his fitness to stand trial before the International Residual Mechanism for Criminal Tribunals. The analysis questions whether continuing proceedings against Kabuga aligns with the right to a fair trial under international law and the principles of non-discrimination outlined in the Convention on the Rights of Persons with Disabilities. Using jurisprudence from international and regional human rights bodies, the article assesses how international criminal tribunals have interpreted fitness to stand trial and how disability considerations have been incorporated into procedural safeguards. It argues that current international criminal law frameworks are insufficiently addressing the link between disability rights and criminal accountability, potentially leading to indirect discrimination against accused persons with disabilities. The article contributes to the debate by proposing a normative and policy-based framework for integrating disability-sensitive standards into international criminal procedures. It advances the debate on procedural fairness by connecting the equality obligations of the Convention on the Rights of Persons with Disabilities’s with the operational practices of international tribunals. In doing so, it offers new insights into how global justice institutions can balance accountability for atrocity crimes with human rights norms on disability, inclusion, and dignity in the justice process.