Jeremy Sarkin

Guest Principal Researcher
jeremy.sarkin@ymail.com

Professor Jeremy Sarkin graduated and post graduated in South Africa, has a Master’s degree from Harvard Law School and a PhD in international and comparative law. He is a lawyer in South Africa and in the USA, having practised at the New York Bar between 1988 and 1989. He worked at the International Commission of Jurists in Geneva, Switzerland. He is a Professor of Law at the University of South Africa and Distinguished Visiting Professor at the Faculty of Law of the UNL. He was a member and Chairman-Rapporteur (2009-2012) of the United Nations Working Group on Enforced or Involuntary Disappearances. He was a judge between 2002 and 2003 in South Africa. He was Chairman of the South African Human Rights Committee from 1994-1998. He has worked on transitional justice issues in several countries including Iraq, Syria, Argentina, Uganda, Zimbabwe, Maldives, Nepal, Burundi, Morocco, Bosnia and Herzegovina, East Timor, the Democratic Republic of Congo, Libya, Tunisia, Indonesia, the Philippines, Bangladesh, Bahrain and Lebanon. He is co-editor of the collection of books on transitional justice at Editora Intersentia. He is a member of several editorial boards of scientific journals, including Human Rights Quaterly, Human Rights and International Legal Discourse, and International Review of Criminal Law. He is also on several NGO boards, including the Institute for Justice and Reconciliation (IJR).

He has published 15 books and over 250 articles. Some of his most recent books and monographs are: “Conflicted Democracies and Gendered Violence: The Right to Heal” co-author) University of Chicago Press (2016), Bosnia and Herzegovina: Accounting for Missing Persons from the Conflict: A Stocktaking, International Commission on Missing Persons (ICMP) 2014, (co-author); “Germany’s Genocide of the Herero” (2011) author; Reparations for Colonial Genocides (2009) author; Human Rights in African Prisons (2008) editor; Reconciliation in Divided Societies: Finding Common Ground (2007) co-author; Carrots and Sticks: The TRC and the South African Amnesty Process (2004) author; The Administration of Justice: Comparative Perspectives (2004); Social, Economic, and Cultural Rights – An Appraisal of Current International and European Developments (2002) co-editor; Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (2002) co-editor; The Principle of Equality (2001) co-editor.

 

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Bachelor:

  • International Criminal Law
  • International Humanitarian Law
  • International Human Rights Law

 

Master:

  • State Rebuilding and the Rule of Law in Post Conflict Societies
  • Transitional Justice

 

PhD:

  • Methodology of Legal Research

Books

  • Signposts to Peace (An investigation into the Natal Conflict) by Sarkin, Ahlund and Macdonald, 1990 International Commission of Jurists Geneva
  • A Charter for Social Justice: A Contribution to the South African Bill of Rights Debate by Sarkin, Corder, Murray, Steytler, O’Reagan, Kahanowitz, Murphy and Smith, 1992 University of Cape Town
  • From Human Rights to Human Wrongs, edited by Malila, Sarkin, Viljoen, 1994 University of Pretoria
  • Human Rights, the Citizen and the State (eds Sarkin and Binchy) Round Hall Sweet and Maxwell Publishers 2001
  • The Principle of Equality (eds. Sarkin, Vander Lanotte and Haeck) Maklu Publishers Antwerpen 2001
  • Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (editors Sarkin, Van de Lanotte and Haeck) Maklu Publishers Antwerpen 2001
  • Social, Economic, and Cultural Rights – An Appraisal of Current International and European Developments” (eds. De Pelsmaeker, Vanderauweraert, Sarkin and Van de Lanotte) Maklu Publishers Belgium 2002 
  • The Administration of Justice: Comparative Perspectives (Sarkin and Binchy editors) Four Courts Press Ireland 2004
  • Carrots and Sticks: The TRC and the South African Amnesty process Intersentia Press Belgium 2004
  • Reconciliation in Transitional Societies: Finding Common Ground (co-authored with Erin Daly) University of Pennsylvania Press 2007 352 pages, paperback edition 2010 e-version 2012
  • Human Rights in African Prisons (editor) jointly published by Ohio University Press (USA) and the Human Sciences Research Council Press (South Africa) 2008 
  • Colonial Genocide and Reparations Claims in the 21st Century: The Socio-Legal Context of Claims under International Law by the Herero against Germany for Genocide in Namibia, 1904-1908 Praeger Security International 2009 
  • Germany’s Genocide of the Herero: Kaiser Wilhelm 11, his General, his Settlers, his Soldiers.  Published jointly by the University of Cape Town Press, South Africa and James Currey, United Kingdom 2011 (Long listed in 2012 for the Sunday Times Alan Paton Award for non-fiction)
  • Transitional Justice: A Handbook for Journalists, Citizens and Activists, IWPR, 2013
  • Bosnia and Herzegovina: Accounting for Missing Persons from the Conflict: A Stocktaking, International Commission on Missing Persons (ICMP) 2014
  • Conflicted Democracies and Gendered Violence: The Right to Heal University of Chicago Press (2016)
  • The Global Impact and Legacy of Truth Commissions Intersentia Publishers 2019   
  • Africa’s Role In, and Contribution To, International Criminal Justice (editors Jeremy Sarkin and Ellah Siangandu) Intersentia 2020

 

JOURNAL ARTICLES, BOOK CHAPTERS AND OTHER PUBLICATIONS

  • “Introduction” in Africa’s Role and Contribution To International Criminal Justice (editors Jeremy Sarkin, Ellah Siangandu) 2020 1-24
  •  “Is the African Court on Human and Peoples’ Rights with Criminal Jurisdiction an African Solution to an African Problem?” in Africa’s Role and Contribution To International Criminal Justice (editors Jeremy Sarkin and Ella Siangandu) 220-258  
  • (forthcoming 2020) “Amnesty and Truth Commissions” in Oxford Handbook on Atrocity Crimes Edited by Barbora Hola, Hollie Nyseth Brehm, and Maartje Weerdesteijn Oxford University Press  
  • (2020) “Reforming the International Criminal Court (ICC) to Achieve Increased State Cooperation in Investigations and Prosecutions of International Crimes”   9(1) International Human Rights Law Review (2020) 27-61.
  • (2020 with Ram Kumar Bandari) “Why Political Appointments to Truth Commissions Cause Difficulties for These Institutions: Using the Crisis in the Transitional Justice Process in Nepal to Understand How Matters of Legitimacy and Credibility Undermine Such Commissions” 11(3) Journal of Human Rights Practice 2020 1-27.  
  • (2019) “The Role of National Human Rights Mechanisms for Reporting and Follow-Up (NMRF): Understanding These New Global Domestic Processes Using Georgia and Portugal as a Focus” Teise: Vilnius University Scholarly Journal of Law 2019, vol. 112, 168–189  
  • (2019 with Catarina Tavarela) “Should Asylum Seeking Minors Be Detained?: Understanding European and International Law and Policy and Seeking Alternative Solutions” Inter Gentes: The McGill Journal of International Law & Legal Pluralism 1-42  
  • (2019) “Why the Role of the African Commission on Human and Peoples’ Rights in Advancing Democratic Principles and Human Rights in African Countries Needs to be Reformed: An Examination Using the Lens of Swaziland/ eSwatini” 34(2) Southern African Public Law (2019) 1-56  
  • (2019 with Juliana Almeida) “Understanding the Activation of the Crime of Aggression at the International Criminal Court: Progress and Pitfalls” 36(3) Wisconsin International Law Review (2019) 518-551  
  •  (2019) “Colonial and Apartheid Victimisation: Towards Finding Solutions to Deal With an Atrocious Past” in Victimology in Africa 345-361 (Robert Peacock ed)    
  • (2019 with Sarah Ackermann) “Understanding the Extent to which Truth Commissions (TCs) Are Gender Sensitive and Promote Women’s Issues: Comparing and Contrasting these TC roles in South Africa, Guatemala, Peru, Sierra Leone and Liberia” Georgetown Journal of International Law volume 50 issue 2 463-516.    
  • (2019) “Introduction: Contextualising and Understanding the Global Role, Impact and Legacy of Truth Commissions in The Global Impact and Legacy of Truth Commissions 1-43 (ed Jeremy Sarkin)    
  • (2019) “Towards An Understanding of How Truth Commissions Can Use Their Amnesty Powers to Enhance Their Impact and Legacy” in the The Global Legacy of Truth Commissions 211–245 (ed Jeremy Sarkin)     
  •  (2019) “Why Victimology Should Focus on All Victims, Including Missing and Disappeared Persons” International Review of Victimology Vol. 25(2) 249–270.  
  • (2019) “Has the Ability of Truth Commissions to Recommend Amnesty Been Effective in Enhancing Perpetrator Cooperation?” 15(3) Brazilian Journal of International Law 453-476 
  • (2019) “Prisons in Africa” in the Oxford Research Encyclopedia of Politics (editor Nicolas Cheeseman (Oxford University Press 2019) 1-28 
  • (2019) “Why Security Council Reform Is Essential for R2P to Actually Impact the Global Level of Atrocity Crimes” Canadian Journal on the Responsibility to Protect (CJR2P) vol 1 62-76  
  • (2018 with Grazyna Baranowska) “Why Enforced Disappearances Are Perpetrated Against Groups As State Policy: Overlaps and Interconnections Between Disappearances and Genocide” Catholica Law Review vol 2 no 3 11-50. (November 2018)  
  •  (2018) “Refocusing Transitional Justice to Focus Not Only on the Past, But Also to Concentrate on Ongoing Conflicts and Enduring Human Rights Crises” 7(2) Journal of International Humanitarian Legal Studies 294-329  
  •  (2018) “Redesigning the Definition a Truth Commission, But Also Designing a Forward-Looking Non-Prescriptive Definition to Make Them Potentially More Successful” Human Rights Review (2018) 19: 349–368   DOI: 10.1007/s12142-018-0509-3
  •  (2018) “Truth Recovery From Conditional Amnesty Processes: Benefits And Constraints” in Understanding the Age of Transitional Justice: Crimes, Courts, Commissions, and Chronicling (ed. Nanci Adler)  Rutgers University Press 56-74    .
  •  (2018) “A Methodology to Ensure that States Adequately Apply Due Diligence Standards and Processes To Significantly Impact Levels of Violence Against Women Around the World”  40(1) Human Rights Quarterly, (February 2018) 1- 36   
  • (2018) “The Need to Reform the Political Role of the African Union (AU) in Promoting Democracy and Human Rights in Domestic States: Making States More Accountable and Less Able to Avoid Scrutiny at the United Nations and at the AU, Using Swaziland to Spotlight the Issues” African Journal of International and Comparative Law 26(1) (February 2018) 84–107.  
  • (2018) “Respecting and Protecting the Lives of Migrants and Refugees: The Need for a Human Rights Approach to Save Lives and Find Missing Persons” International Journal of Human Rights 22(2) Pages: 207-236 | DOI: 10.1080/13642987.2017.1354572    
  • (2017) “Why Establishing a Credible and Legitimate Transitional Justice Model, in Conjunction with Democratic Reforms, is a Necessity to Creating Long-Term Peace and Stability in Uganda” 31(2) Southern African Public Law 1-29.  .
  • (2017) “How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth: Are Such Processes Compatible With International Law?” International Human Rights Law Review 6(2) 143-175    DOI:10.1163/22131035-00602001
  • (2017) “Understanding the Changing Relationship of South Africa and the International Criminal Court: Towards a Culture of Greater Impunity in Africa?” Revista Themis, ano XVIII, n.º 32 7-33.  .
  • (2017) “The Interrelationship of Nation Building, Reconciliation and Guarantees of Non-Recurrence (or Non- Repetition) of Human Rights Violations Using the South African Transition as an Illustration: How Victim Rights and Needs Can Be Better Achieved” 5 Journal of Victimology / Revista de Victimología (2017) 9-32.  .
  •  (2017) “How Developments in the Science and Technology of Searching, Recovering and Identifying the Missing/ Disappeared Are Positively Affecting the Rights of Victims Around the World” 3(1) Human Remains and Violence: An Interdisciplinary Journal 71-89 (2017).  .
  •  (2017 with Tetevi Davi) “Examining the Criticisms Levelled Against Transitional Justice: Towards An Understanding of the State of the Field” 2017 11(1) Human Rights and International Legal Discourse 7-22.  
  • (2017) “The International Criminal Court and African States” in CIDOB’s International Yearbook 2016.
  • (2017 with Stephan Parmentier and Estelle Zinsstag) “Editorial” 2017 11(1) Human Rights and International Legal Discourse 2-6.
  • (2017 with Tetvi Davi) “The Togolese Truth, Justice and Reconciliation Commission: Lessons for Transitional Justice Processes Elsewhere.”” 24(1) Peace and Conflict Studies (2017) 1-27.   
  • (2017) “South Africa’s Reconciliation Process: Tools, Resources and Obstacles in the Journey to Deal With Its Atrocious Past” in Annika Frieberg and C. K. Martin Chung (eds) Reconciling with the Past: Resources and Obstacles in a Global Perspective. 15-28 (Routledge)   
  • (2016) “Balancing National Security and Human Rights: International and Domestic Standards Applying to Terrorism and Freedom of Speech”  in Anneke Meerkotter (ed) Goal 16 of the Sustainable Development Goals: Perspectives from Judges and Lawyers in Southern Africa on Promoting Rule of Law and Equal Access to Justice  
  • (2016) “South Africa Leaving the International Criminal Court A Long Time Coming” Saturday Star, October 2016.
  • (2016) “Leaving ICC Will Not Be Easy” Saturday Independent October 2016.
  • 2016) “Leaving ICC Will Not Be Easy” Weekend Argus October 2016.
  • (2016) “Reducing the Number of Children That Go Missing As a Result of Migration and Refugee Flows and Putting in Place the Means to Find Them” (2016) 2(1) IHRC Journal of Human Rights.
  • (2016) “Is the African Union’s Position on Non-Indifference Making a Difference?: The Implementation of The Responsibility to Protect (R2P) in Africa in Theory and Practice” 5(1) (2016) Journal of African Union Studies 5 -37.  
  •  (2016) “A Critique of the African Commission on Human and Peoples’ Right’s Decision Permitting the Demolition of the Southern African Development Community (SADC) Tribunal: Politics versus Economics and Human Rights” African Journal of International and Comparative Law 24(2) (May 2016) 215-241  .
  •  (2016) “South Africa’s International Criminal Justice: Past, Present and Future” in Doutje Lettinga & Lars van Troos (eds) Shifting Power and Human Rights Diplomacy: South Africa Amnesty International Nertherlands  .
  •  (2016) “The Rise and Fall (and Possible Rise Again) of the Responsibility to Protect (R2P)“ in Brett O’Bannon (ed)  Reassessing the Responsibility to Protect: Conceptual and Operational Challenges Routledge   51-73.
  • (2015) “The Need to Deal with All Missing Persons Including Those Missing As a Result of Armed Conflict, Disasters, Migration, Human Trafficking, and Human Rights Violations (including Enforced Disappearances) in International and Domestic Law and Processes” in 2015(1) Inter-American and European Human Rights Journal 112-142.  
  • (2015) “Dealing With Enforced Disappearances in South Africa (Focusing on the Nokuthula Simelane case) and Around the World: The Need to Ensure Progress on the Rights to Truth, Justice and Reparations” Speculum Juris 2015(1) 21-48.  .
  • (2015) “Ensuring Justice, Reparations And Truth Through A Truth Commission And Other Processes In Uganda” RÜ Verfassung und Recht in Übersee/ Journal Law and Politics in Asia, Africa and Latin America 391-402 .
  • (2015) “Understanding the Journey to Reconciliation in Transitional Societies: Using the Metaphor of a Motor Vehicle Road Trip to Understand South Africa’s Path (Process) to Political Reconciliation” 10(2) International Journal of Renaissance Studies (2015) 87-103.      
  • 2015 “The Interrelationship and Interconnectedness of Transitional Justice and the Rule of Law in Uganda: Pursuing Justice, Truth, Guarantees of Non-Repetition, Reconciliation and Reparations for Past Crimes and Human Rights Violations” 7(1) Hague Journal on the Rule of Law (2015) 111-139 .
  • 2015 “Book Review of Sarah Nouwen’s Complementarity Under Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan” in 49(3) Canadian Journal of African Studies (2015) 518-520.
  • 2015 “South Africa Neglecting International Justice Issues” Cape Argus, 15 June 2015
  • 2015 “Foreword” to Forensic Archaeology: A Global Perspective (edited by Nicholas Marquez-Grant, Mike Groen and Rob Janaway (Wiley-Blackwell 2015) xxxv – xli.
  • 2015  “The Reshaping of the Co-Operatives Legal Architecture as a Result of the 2013 Amendments to the 2005 Co-operatives Act: Promoting Democratic Governance and Economic Sustainability or Control and Overregulation?” 27(2) South African Mercantile Law Journal (2015) 275-307    
  • 2015 “Putting in Place Processes and Mechanisms to Prevent and Eradicate Enforced Disappearances Around the World” 38 (2013) South African Yearbook of International Law 20-48  
  • 2014 “Providing Reparations in Uganda: Substantive Recommendations for Implementing Reparations in the Aftermath of the Conflicts That Occurred Over the Last Few Decades” African Human Rights Law Journal (December 2014) 526-552.
  • 2014 “Should Reparations for Massive Human Rights Abuses Perpetrated on African Victims During Colonial Times be Given?” in Justice for Victims: Perspectives on Rights, Transition, and Reconciliation (editors Inge Vanfraechem, Antony Pemberton and Felix Ndahinda) Routledge Publishers   89-104.
  • 2014 (with Xavier Phillipe) “La Convention Internationale pour la protection de toutes les personnes contres les disparitions forces” in Introduction aux droits de l’homme (eds) Maya Hertig Randall et Michel Hottelier 343 -360. (book chapter in French on disappearances in international law)
  • 2014 “Enforced Disappearance As Continuing Crimes and Continuing Human Rights Violations” in The Realization of Human Rights: When Theory Meets Practice. (eds. Brianne McGonigle Leyh, Yves Haeck, Clara Burbano Herrera, Diana Contreras Garduno 389-414
  • 2014 (book chapter in Portugese) “Prisões em África: uma avaliação da perspectiva dos direitos humanos” in Africa Edireitos Humanos (editor Domingos Da Cruz) (book chapter “Prisons in Africa: An Assessment of the Human Rights Situation”) 257-283.
  • 2014 “Developments in the Feud between the African Union (AU) and the International Criminal Court (ICC): Movements towards the Creation of an African Court with Criminal Jurisdiction” ABA: The Year in Review 2013, American Bar Association.
  • 2014 Looking Back Moving Forward: Globally and Locally Addressing Issues Concerning the Missing, Conference report of the international conference: The Missing: An Agenda for the Future, ICMP.
  • 2014 (article in Polish) Ćwierćwiecze Powszechnego Leczenia Ran, “Kultura Liberalna” 2014, nr 274, http://kulturaliberalna.pl/2014/04/08/cwiercwiecze-powszechnego-leczenia-ran/ (article on achieving reconciliation in divided societies for the 20th anniversary of the Rwandan genocide)
  • 2013 A Manual for Court Monitoring for the Human Rights Commission of the Maldives (HRCM), UNDP Maldives 
  • 2013 Human Rights Based Budget Analysis Manual, UNDP Maldives
  • 2013 Chapter on “Transitional Justice is Key to Long-Term Peace and Stability” in Transitional Justice: A Handbook for Journalists, Citizens and Activists, Institute for War and Peace Reporting.
  • 2013 Chapter on “Options for Syria: Amnesty, Reparations and Compensation” in Transitional Justice: A Handbook for Journalists, Citizens and Activists, Institute for War and Peace Reporting (IWPR)  
  • 2013 “General Adrian Dietrich Lothar von Trotha” in Encyclopaedia of Atrocities, Massacres and War Crimes ABC-CLIO/Greenwood Press  
  • 2013 “Germany’s Genocide of the Herero” in Encyclopaedia of Atrocities, Massacres and War Crimes ABC-CLIO/Greenwood Press.  
  • 2012 “Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law” 81 Nordic Journal of International Law (2012) 537-583  .
  • 2012 (with Mark Koenig “The Right to Work: A Right Divided and Conquered” in Socio-Economic and Cultural Rights Subhram Rajkhowa and Stuti Deka (eds) Eastern Book House 124-154   
  • 2012 “Disappearances, detention and overcoming division: an interview with Jeremy Sarkin” 10.3 Reconciliation Barometer October 2012.
  • 2012 “Government and private sector must join hands to improve eye health care” The Star 18 October 2012.
  • 2012  “Policy Paper on Reparations for Uganda” for the Government of Uganda and UNwomen. 
  • 2012 “Assessing Independent Commissions in the draft Zimbabwe Constitution (COPAC draft 18 July 2012)” monograph published by IDASA.
  • 2012 “Review of the Copac draft Constitution of Zimbabwe” monograph published by the Legal Resources Centre
  • 2012 Op ed “Eye Care for Children Should be Given Top Priority in our Health care System” Cape Times 10 October 2012.
  • 2012 “Is the Responsibility to Protect (RtoP) an Accepted Norm of International Law in the Post-Libya Era? How its Third Pillar (The Responsibility to Rebuild) Ought to be Applied” 1(0) Groningen Journal of International Law (2012) 11-48.  
  • 2012 “Integrating Transitional Justice and Demobilisation, Disarmament and Reintegration: The Need to Achieve Rehabilitation, Reintegration and Reconciliation for Child Soldiers and Child Victims of Enforced Disappearances” in Illse Derluyn et al (eds.) Remember: Rehabilitation and Reintegration of War-Affected Children 77-104
  • (2011-12) “Enhancing the Legitimacy, Status and Role of the International Criminal Court by Using Transitional Justice or Restorative Justice Strategies” (2011-12) Interdisciplinary Journal of Human Rights Law 83-102   
  • 2011 “Interview with UN Working Group on Enforced or Involuntary Disappearances Chair-Rapporteur Jeremy Sarkin on the Secret Detention Study” Essex Human Rights Review (2011)  57-67.
  • 2011 ”The African Commission on Human and Peoples’ Rights and the Future African Court of Justice and Human Rights: Comparative Lessons from the European Court of Human Rights” 18(3) South African Journal of International Affairs. (December 2011) 281-293  
  • 2011 “The Role of the International Criminal Court in Reducing Massive Human Rights Violations Such as Enforced Disappearances in Africa: Towards Developing Transitional Justice Strategies” 11 (1) (2011) Studies in Ethnicity and Nationalism 130-142 
  • 2011 (with Amelia Cook) “The Human Rights of the San (Bushmen) of Botswana – The Clash of the Rights of Indigenous Communities and their Access to Water with the Rights of the State to Environmental Conservation and Mineral Resource Exploitation” 20 Journal of Transnational Law & Policy (2010-2011) 1-40.  
  • 2011 “Understanding Germany’s Genocide of the Herero” 2 African Griot 
  • 2011 “Keep on Investigating until there is Clarification: Interview with UN Chair-Rapporteur Jeremy Sarkin on Disappearances in Nepal” INFORMAL Journal Nepal 2011. 
  • 2011 (with Mark Koenig) “Developing the Right to Work: Intersecting and Dialoguing Human Rights and Economic Policy” 33(1) Human Rights Quarterly (February 2011) 1-41. 
  • 2011 “Prisoners’ Rights Globally and the Middle East” (in Arabic) in Sur International Human Rights Review  
  • 2010 (with Mark Koenig) “Ending Caste Discrimination in India: Human Rights and the Responsibility to Protect at the Domestic and International Levels” 41(3) George Washington International Law Review (2010) 101-136  
  • 2010 Journal Guest Co-Editor – Global Responsibility to Protect 2 (2010)   
  • 2010 “The Responsibility to Protect and Humanitarian Intervention in Africa” Global Responsibility to Protect 2(4) (2010) 371–387  
  • 2010 “Introduction” (with M Paterson) Global Responsibility to Protect 2(4) (2010) 339–352  
  • 2010 (with Amelia Cook) “Is Botswana the Miracle of Africa?: Democracy, the Rule of Law, and Human Rights versus Economic Development.”  19 Transnational Law and Contemporary Problems 101-137  
  • 2010 “How to Better Infuse Gender into the Human Rights Council’s Universal Periodic Review Process” 2(1) Jindal Global Law Review 172-190  
  • 2010 (with Carly Fowler) “The Responsibility to Protect and the Duty to Prevent Genocide: Lessons to be Learnt from the Role of the International Community and the Media During the Rwandan Genocide and the Conflict in the Former Yugoslavia” 33(1) Suffolk University Transnational Law Review 35-87 (Fall 2010)  
  • 2010 “Why the Responsibility to Protect (R2P) as a Doctrine or (Emerging) Norm to Prevent Genocide and Other Massive Human Rights Violations is on the Decline: The Role of Principles, Pragmatism and the Shifting Patterns of International Relations” in 47(2) Politorbis: The Swiss FDFA Journal (2010) 51-64  
  • 2010 (with Amelia Cook) “Who is Indigenous?: Indigenous Rights Globally, in Africa and among the San in Botswana”  38 Tulane Journal of International and Comparative Law 1–38   
  • 2009 “The Role of Regional Systems in Enforcing State Human Rights Compliance: Evaluating the African Commission on Human and People’s Rights and the New African Court of Justice and Human Rights with Comparative Lessons from the Council of Europe and Organisation of American States.” 1(2) Inter-American and European Human Rights Journal 199-242  
  • 2009 “The Origins of International Criminal Law: Its Connection to and Convergence with other Branches of International Law” Hague Justice Journal Volume 4 no 1 (2009) 5- 41  
  • 2009 “Les Origines du Droit Pénal International: Relations et Convergences avec les Hutres Branches du Droit International” Hague Justice Journal Volume 4 no 1 (2009)  
  • 2009 Book review of Louise Mallinder’s “Amnesty, Human Rights and Political Transitions: Bridging the Peace and Justice Divide” 20 Criminal Law Forum (2009) 389-394  
  • 2009 “The African Court of Justice and Human Rights” International Lawyer (summer 2009) 861-913  
  • 2009 “The Role of the United Nations, the African Union and Africa’s Sub-Regional Structures in Dealing with Africa’s Human Rights Problems: Connecting Humanitarian Intervention and the Responsibility to Protect” 53 (1) Journal of African Law 1-33 (April 2009)  
  • 2008 (with Heather Sensibaugh) “How Historical Events and Relationships Shape Current Attempts at Reconciliation in Iraq” 26(4) Wisconsin International Law Journal 1033-1077  
  • 2008 “Prisons in Africa: An Evaluation from a Human Rights Perspective” Sur International Human Rights Journal   22-49.
  • 2008 “The State of Prisons in Africa and South Africa” 35(2) South African Labour Bulletin (December 2008) 27-30
  • 2008 “Review: Atrocity, Punishment and International Law” 30(4) Human Rights Quarterly (November 2008) 1028-1042  
  • 2008 “Achieving Reconciliation in Divided Societies: Comparing the Approaches in Timor-Leste, South Africa and Rwanda” 3(2) Yale Journal of International Affairs (Spring/Summer 2008) 11- 28  
  • 2008  “Human Right –Burma and Africa” International Lawyer (summer 2008) 755-795
  • 2008 “Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia” (with C Fowler) Human Rights Review (September 2008) 331-360  
  • 2008 “Humanitarian Intervention and the Responsibility to Protect in Africa” in Daniel Zimbler and John Okopari (eds) Africa’s Human Rights Architecture 45-67  
  • 2008 “The Lie of the Storm” (with Jared Genser) Far Eastern Economic Review 9 May 2008
  • 2008 “Why Reconciliation is Possible in Iraq” (with H Sensibaugh) 23 Fletcher Journal of Human Security 5- 35  
  • 2008 “An Evaluation of the South African Amnesty Process” in Audrey Chapman and Hugo van der Merwe (eds) Truth and Reconciliation: Did the TRC Deliver (University of Pennsylvania Press) 93-115
  • 2008 “The Responsibility to Protect” Far Eastern Economic Review 18 April 2008
  • 2008 “An Overview of Human Rights in Prisons Worldwide” in (Jeremy Sarkin (ed.) Human Rights in African Prisons (Ohio University Press and Human Sciences Research Council) 1 – 39.   
  • 2008 “Asia’s Need for Justice, Truth and Reconciliation” Far Eastern Economic Review Forum 2 February 2008
  • 2007 “Asia’s National Human-Rights Institutions Need Teeth” Far Eastern Economic Review Forum 24 December 2007
  • 2007 op-ed article “Toothless Charter will Hurt Asean Credibility” Bangkok Post 19 November 2007
  • 2007 “Human Rights and Asean Values” Far Eastern Economic Review Forum 26 November 2007
  • 2007 “The Historical Origins, Convergence and Interrelationship of International Human Rights Law, International Humanitarian Law, International Criminal Law and International Law: Their Application From at Least the Nineteenth Century”  1(1) Human Rights and International Legal Discourse (2007) 125-172.  
  • 2007 “Reparations for Gross Human Rights Violations in Africa: The Great Lakes” in Steven Pete and Max du Plessis Repairing the Past – International Perspectives on Reparations for Gross Human Rights Abuses (Intersentia Press) 199-231.
  • 2006 (with Guilia Dalco) “Promoting Human Rights and Achieving Reconciliation at the International Level” (Part 1) Law, Democracy and Development 2006 (1) 69-99  
  • 2006 (with Guilia Dalco) “Promoting Human Rights and Achieving Reconciliation at the International Level” (Part 2) Law, Democracy and Development 2006 (2) 49-69  
  • 2006 “The Amnesty Hearings in South Africa Revisited” in Gerhard Werle (ed) Justice in Transition – Prosecution and Amnesty in Germany and South Africa BWV, Berlin 2006) 43-53  
  • 2006 “Reparation For Gross Human Rights as an Outcome of Criminal versus Civil Court Proceedings” in Reparation for Victims of Gross and Systematic Human Rights Violations (eds) Marc Bossuyt, Koen De Feyter, Paul Lemmens, Stephan Parmentier and Filip Reyntjens Antwerp: Intersentia (2006) 151-188  
  • 2004 “Genocide” in Pieces of the Puzzle (eds) Charles Villa-Vicencia and Erik Doxtader David Philip Publishers  
  • 2004 “Pursuing Private Actors for Reparations for Human Rights Abuses Committed in Africa in the Courts of the United States of America” in Charles Villa-Vicencio and Erik Doxtader (eds) Reparations in South Africa David Philip Publishers 271-320  
  • 2004 “The Coming of Age of Claims for Reparations for Human Rights Abuses Committed in the South” Sur International Human Rights Journal 67-125.  
  • 2004 “Reparation for Past Wrongs: Using Domestic Courts around the World, especially the United States, to Pursue African Human Rights Claims” 32(2) International Journal of Legal Information 339- 372 (2004)  
  • 2004 (co-authored with Erin Daly) “Too many questions, too few answers: Reconciliation in transitional societies” 35 (3) Columbia Human Rights Law Review (2004) 661-728  
  • 2004  “Evaluating the Proposal to Amend the South African Constitution to Change the Length of Service of Constitutional Court Judges From a Fixed 12 Year Term to an Indefinite Term based on Age” in The Administration of Justice: Comparative Perspectives (Sarkin and Binchy eds) 32-52  
  • 2003 “Comparing and Contrasting the Approach To Transitional Justice In South Africa And Rwanda: Choosing Between Truth, Reconciliation And Justice” in La Justice Penale Internationale Dans Tribunaux Ad Hoc (Emanuela Fronza and Stefano Manacorda (eds) 327-341  
  • 2003 (co-authored with M Pietchman) “Legitimate humanitarian intervention under international law in the context of the current human rights and humanitarian crisis in Burma/Myanmar” 33(1) Hong Kong Law Journal (2003) 371-416.
  • 2003 “Holding multi-national corporations accountable for human rights and humanitarian law violations committed during colonialism and apartheid: an evaluation of the prospects of such cases in the light of the Herero of Namibia’s genocide case and South African apartheid cases being brought in the United States under the Alien Torts Claims Act” in Eva Brems and Pieter van der Heede (eds) Bedrijven en Mensenrechten” Maklu Publishers Belgium 2003 174 – 204.  
  • 2003 (book review) Priscilla Hayner Unspeakable Truths: Facing the challenges of Truth Commissions in International Affairs January 2003.
  • 2003 “To prosecute or not to prosecute that is the question? An examination of the constitutional and legal issues concerning criminal trials in Charles Villa-Vicencio and Erik Doxtader (eds) The Provocations of Amnesty David Philip Publishers 237-264.  
  • 2002 “Legal aid: promoting access to justice” 19(3) December 2002 Indicato
  • 2002 “Promoting access to justice in South Africa: Should the legal profession have a voluntary or mandatory role in providing legal services to the poor?” 2002(4) South African Journal on Human Rights 614 – 630.  
  • 2002 (book review) African Perspectives on Governance edited by Goran Hyden, Dele Olowu and Hastings W.O. Okoth Ogendo in International Affairs July 2002.
  • 2002  “Examining The Competing Constitutional Processes In Burma/ Myanmar From A Comparative And International Democratic And Human Rights Perspective” 2001 2(2) Asia-Pacific Journal on Human Rights and the Law 42 -68.  
  • 2002 “Finding A Solution For The Problems Created By The Politics of Identity in the Democratic Republic of the Congo (DRC): Designing A Constitutional Framework for Peaceful Co-Operation” in The Politics of Identity Konrad Adenhauer Foundation (editors) 67 -80.  
  • 2001 “Judges’ Tenure – What About Transformation?” Legal Brief 27 September 2001
  • 2001  “Judging How Long Our Top Judges Should Serve” Sunday Independent 23 September 2001 
  • 2001 “The Tension between Justice and Reconciliation in Rwanda: Politics, Human Rights, Due Process and the Role of the Gacaca Courts in Dealing With the Genocide” in 45(2) Journal of African Law (2001) 143 -172.  
  • 2001 “Democratizacao E Justice No Periodo De Transicao Em Angola” Conferencia Internacional Angola – Direito, Democracia, Paz E Desenvolvimento 203-236.
  • 2001- “Evaluating The Constitutional Court’s Decision In South African Association Of Personal Injury Lawyers v Heath In The Context Of Crime And Corruption In South Africa” 2001 (4) South African Law Journal 767-810.  
  • 2001 Book review (Alex Boraine A Country Unmasked) in International Affairs July 2001
  • 2001 “The Evaluation by South Africa’s Constitutional Court of the Bail Laws” in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 215 – 241.  
  • 2001 “National Human Rights Institutions in South Africa” in Human Rights, the Citizen and the State (eds Binchy and Sarkin) 2001 13 -51.  
  • 2001 (editorial) in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 1 -11. 
  • 2001 “Crime and Human Rights” in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 25 – 51.  
  • 2001 “Balancing the need to deal with crime while promoting human rights in the police, courts and prisons in South Africa” Law, Democracy and Development 2000(2) 151 – 172.  
  • 2001 – “Corruption in South Africa” Business Day 4 July 2001
  • 2001 “Editorial” in both English and French in Law, Democracy and Development 2000(2) vii – xv and xvii – xxvii 
  • 2001 – “Using gacaca community courts in Rwanda to prosecute genocide suspects: Are issues of expediency and efficiency more important than those of due process, fairness and reconciliation?” in Rwanda and South Africa in Dialogue: Addressing the Legacies of Genocide and a Crime Against Humanity Charles Villa-Vicencio and Tyrone Savage(ed) 54 – 91.
  • 2001 “Ensuring Free and Fair Elections in a Democratic Burma” 8 Legal Issues on Burma (April 2001) 25 – 36. 
  • 2001 – “Post Apartheid Education in South Africa: Towards Multi-Culturalism or Anti-Racism” in Carl A. Grant and Joy L. Lei (Eds.) Global Constructions of Multicultural Education: Theories and Realities. Mahwah, NJ: Lawrence Erlbaum Associates, Inc 
  • 2001 – “Editorial” in The Principle of Equality (eds Sarkin, Vander Lanotte and Haeck) 2001. 
  • 2001 – “Human Rights in South Africa: constitutional and Pan African Concept” in The Principle of Equality (eds Sarkin, Vander Lanotte and Haeck) 89 -114.  
  • 2001- “Human Rights in South Africa: Constitutional and Pan African Concepts” in 5(1) Chroniques De Droit Public / Publiekrechtelijke Kronieken 39-56.
  • 2001 “L’ecriture de la Constitution Sud-Africaine de 1996: Approache Formelle et Materielle” 44 Revue Francaise: Droit de Constitutionnel (2000) 746-767.
  • 2001 -“The Legacy of Nuremburg” Occasional Paper of the Kaplan Centre for Jewish Studies at the University of Cape Town. 
  • 2000- Laws of South Africa (LAWSA) volume 21 title “Public Health” 215 – 284
  • 2000 – “Examining and Enhancing the Role of National (Constitutional and Statutory) Human Rights Institutions in Developing a Human Rights Culture In South Africa” 2000 (2) SA Public Law 290 -330  
  • 2000 – “Dealing With Past Human Rights Abuses and Promoting Reconciliation in a Future Democratic Burma” in 7 Legal Issues on Burma (December 2000) 1 -14.
  • 2000 – “The South African Constitution As Memory and Promise” in Charles Villa-Vicencio (ed) Transcending a Century of Injustice 72-84.  
  • 2000 (co-authored with Esther Steyn, Dirk van Zyl Smit and Ron Pachke) “Reflections on the Constitutional Court’s bail decision in S v Dlamini; S v Dladla; S v Joubert; S v Schietekat: Individual liberty in crisis?” 16(2) South African Journal on Human Rights 292 – 312.  
  • 2000 – “Promoting Justice, Truth and Reconciliation in Transitional Societies: Evaluating Rwanda’s Approach In the New Millennium of Using Community Based Gacaca Tribunals To Deal With the Past” 2(2) International Law Forum (2000) 112 – 121.  
  • 2000- “A Review of Health and Human Rights after Five Years of Democracy in South Africa” Medicine and Law Volume 19 (2) 287 -307  
  • 2000 -“Democratising the Courts in Post-Apartheid South Africa: The Structure and Role of The Courts” 7 Journal of Constitutional Affairs (April 2000) 9-22.  
  • 1999-“The Common Law in South Africa: Pro-Apartheid or Pro-Democracy” 23(1) Hastings International and Comparative Law Review (Fall 1999) 1 -25  
  • 1999 – “Preconditions and Processes for Establishing a Truth and Reconciliation Commission in Rwanda- The Possible Interim Role of Gacaca Community Courts” Law Democracy and Development 1999(2) 223 – 238.  
  • 1999 – “Editorial” Law Democracy and Development 1999(2) v -viii.
  • 1999 – “Transitional Justice and the Prosecution Model: The Experience of Ethiopia’ 1999(2) Law Democracy and Development 253 – 266.  
  • 1999- “Comparing and Contrasting Democracy and Human Rights Provisions in Two Draft Burmese Constitutions from an International Perspective” 4 Legal Issues on Burma Journal (October 1999) 56-69.
  • 1999 – Reviewing and Reformulating Appointment Processes to Constitutional (Chapter Nine) Structures 1999 (4) South African Journal on Human Rights 587 – 613   
  • 1999 – “Appointment Processes to Constitutional Structures” Konrad Adenauer Foundation Seminar Series
  • 1999 – “Health” in the South African Human Rights Yearbook (1997)
  • 1999 –  “Reconciliation Through Truth: A Reckoning of Apartheid’s Criminal Governance” (November 1999) Human Rights Quarterly 1129 – 1133.  
  • 1999 – “Preconditions and Processes for Establishing a Truth and Reconciliation Commission in Rwanda” published in London by the Relationships Foundations for Dissemination in Rwanda and the International Community
  • 1999 – Negotiating the Religious and Legal Sources of Values in South Africa: The Role of Human Rights Published Proceedings of the Ecumenical Foundation of South Africa’s Conference.
  • 1999 – The State of Health and Human Rights in Post Apartheid South Africa  South African Medical Journal (December 1999) 1259 – 1263 .  
  • 1999 – “The Truth about the Truth about the Truth Commission” Sunday Times 1 August 1999 
  • 1999 – “The Necessity and Challenges of a Truth and Reconciliation Commission in Rwanda” Human Rights Quarterly (August 1999) 767 – 823.  
  • 1999 – “The Drafting of the Final South African Constitution from a Human Rights Perspective”  XLV11(1) The American Journal of Comparative Law 67.  
  • 1998 – “The Effect of Constitutional Borrowings on The Drafting of South Africa’s interim Bill of Rights and the Role Played by Comparative and International Law in the Interpretation of Human Rights Provisions By The Constitutional Court” 1(2) Journal of Constitutional Law (Fall 1998) 176.  
  • 1998 – “Innovations in the interim and 1996 South African Constitutions” in The Review (June 1998) 57
  • 1998 – Co-author of a United Nations Manual on Human Rights, Minorities and Conflict Resolution
  • 1998 – “The Effect of Patriarchy and Discrimination on Apartheid South Africa’s Abortion Laws” 4 Buffalo Human Rights Journal  (1998) 141.  
  • 1998 – “The Development of a Human Rights Culture in South Africa” 20(3) Human Rights Quarterly (August 1998) 628  
  • 1997 – (with P Proudlock) “Civil Imprisonment of Debtors” South African Journal of Criminal Justice  
  • 1997 – (with H Varney) “Failing to Pierce the Hit Squad Veil: An Analysis of the Malan Trial” 10 South African Journal of Criminal Justice (1997) 141.  
  • 1997 – (with N Fourie) “The Contingency Fee Bill: Opening Access to Justice or Pandora’s Box” Public Law  
  • 1997 – “The Truth and Reconciliation Commission in South Africa” Commonwealth Law Bulletin, ” vol 23 (1& 2) Commonwealth Law Bulletin, 528 -542
  • 1997 – (with S Cowen) “The Draft National Attorney General Bill: A Critique” 10 (1997) South African Journal of Criminal Justice 64  
  • 1997 – “The Political Role of the Constitutional Court”, South African Law Journal, February 1997  
  • 1996 – “The Trials and Tribulations of the South African Truth and Reconciliation Commission” South African Journal on Human Rights 617, December 1996  
  • 1996 – “Health” in the South African Human Rights Yearbook 1996 115
  • 1996 – “The Termination of Pregnancy Bill” Mail and Guardian, 25 October 1996
  • 1996 – “Health” in South African Human Rights Yearbook 1995
  • 1996 – “Suggestions For A New Abortion Law For South Africa” South African Journal of Criminal Justice  (1996) 125  
  • 1996 – “Child Prisoners: Stop Fighting and Do Something” Weekend Argus, 14 September 
  • 1996  – “Acting on Cultural Weapons Will Contribute to a Climate of Tolerance” The Sunday Independent, 14 April 
  • 1996 – (with S Cowen) “Detention Debate Highlights New Role” Parliamentary Whip 4 April 
  • 1996 – “Panic Over Crime Could Poison South Africa” Democracy In Action, March
  • 1996 – (with Shain and Frankental) “South Africa Must Reconcile With Past” Weekend Argus 20 January and The Sunday Independent 11 February
  • 1996  – “The Constitutional Court’s Decision on Legal Representation: S v Vermaas and S v Du Plessis, 12 (1) South African Journal on Human Rights (1996) 55.  
  • 1996 – “Problems and Challenges Facing South Africa’s Constitutional Court: An Evaluation of its Decisions on Capital and Corporal Punishment” 113 South African Law Journal, 71   
  • 1995 – “The Role of the Legal Profession in the Promotion and Advancement of a Human Rights Culture” Commonwealth Law Bulletin  (October 1995) 1306.
  • 1995 – “Why There Should Be An Abortion Clause in the Final Constitution” 4 South African Journal of Human Rights (1995) 582  
  • 1995 – (with S Cowen) “Attorney-Generals Must Be Accountable” Mail and Guardian, 13 – 19 October 
  • 1995 – “Apartheid Spectre Dogs Children’s Rights in South Africa” The Argus, 31 July
  • 1995 – “Abortion and the Courts” in S Liebenberg (ed) Towards A Final Constitution: A Gender Perspective 217  
  • 1995 – “Choice of Commissioners is Crucial” Cape Times, 22 May
  • 1995 – “A Study of the Effect on Corporal Punishment of the South African Transitional Constitution and Bill of Rights”, International Journal of Childrens Rights (September 1995) 369.  
  • 1995  – “Health” in South African Human Rights Yearbook 1994 117
  • 1994 – “The Human Rights Commission Bill” Cape Times, 7 September
  • 1994 – “Conscription” in South African Human Rights Yearbook 1993 
  • 1994 – “An Evaluation of the Election and Transitionary Legislation” Co-authored with Murphy, de Vos and de Ville in Steytler et al (eds) Free and Fair Elections in South Africa, Juta, January  
  • 1994 – “The South African Media in the Transition to Democracy” in  Steytler et al (eds) Free and Fair Elections in South Africa , Juta, January  
  • 1993 – “Tomorrow’s Lawyers” 9(3) South African Journal of Human Rights  
  • 1993 – “Conscription in South Africa” in South African Human Rights Yearbook, Oxford University Press, 1992
  • 1993 – “Preventive Detention in South Africa” in Andrew Harding & John Hatchard (ed) Preventive Detention and Security Law: A Comparative Survey Martinus Nijhoff Netherlands  
  • 1993 – “Can South Africa afford justice? The need and future of a public defender system” 4 (2) Stellenbosch Law Review 261  
  • 1993 – The Prevention of Domestic Violence Draft Bill 9 South African Journal of Human Rights  288, May   
  • 1993 – “Restructuring the Legal Profession and Access to Justice: The Duty of Law Graduates and Lawyers to Provide Legal Services” 9 South African Journal of Human Rights, 223, May  
  • 1993 – (with H Varney) “Traditional Weapons, Cultural Expediency and the Political Conflict in South Africa: A Culture of Weapons and a Culture of Violence” 6 Criminal Justice Journal 2, May  
  • 1993 – co-authored with De Vos & Fichardt “The Law on Demonstrations is Flawed” Cape Times
  • 1993 – co-authored with Cockrell “Minority May Not Decide Death Penalty” Cape Times and in Civil Rights League Newsletter
  • 1993 – “Abortion in the New South Africa” in 56 Tydskrif vir Hedendags Romeinse Hollandse Reg (THRHR) 83, February  
  • 1992 – Booklet co-authored with Kahanowitz  “Access to Justice and the Legal Profession” Legal Education Action Project – University of Cape Town
  • 1992 – “Socio-Economic Rights in a Bill of Rights” in Civil Rights League Newsletter, June
  • 1991 – “Changes to the Security Laws in South Africa” in ICJ 47 The Review 61, December
  • 1991 – “Post Pretoria Minute Amendments to the Internal Security Act”, National Association of Democratic Lawyers (NADEL) National Newsletter
  • 1991 – “Children in the Old and New South Africa” in the Civil Rights League Newsletter, June
  • 1991 – “Natal Violence” in the Civil Rights League Newsletter, February
  • 1990 – “South Africa: An Investigation into the Natal Violence”, ICJ 45 The Review 7- 11. (Switzerland)
  • 1990 – “Abortion in South Africa”, Stellenbosch Lawyers for Human Rights Magazine
  • 1990 – “Choice and Informed Request: The Answer to Abortion.  A Proposal for South African Abortion Reform”, Stellenbosch Law Review 372
  • 1989 – “Judges in South Africa: Black Sheep or Albino’s” in 24 Centre for the Independence of Judges and Lawyers (Geneva, Switzerland), Bulletin 34-66