Prosecuting the Crime against Humanity of Apartheid: The Historic First Indictment in South Africa and the Application of Customary International Law.

This article focuses on the historic 2021 indictment in South Africa of two former apartheid-era security police officers, TE Mfalapitsa and CS Rorich, for the crime against humanity of apartheid, marking the first such prosecution in the country. The indictment relates to the 1982 kidnapping and murder of anti-apartheid activists known as the "COSAS Four" and raises complex legal issues involving the application of customary international law, South African constitutional law, and procedural challenges such as statutory limitations. It highlights the broader context of South Africa's transition from apartheid to democracy, the delayed prosecutions due to political interference, and the ongoing accountability deficit for apartheid-era crimes, especially given the dwindling number of surviving perpetrators. The article also examines the legal basis for prosecuting apartheid as a crime under customary international law rather than statutory law, emphasizing the significance of individual criminal liability beyond apartheid leadership and the implications for international human rights and criminal justice.