The case for the prosecution of apartheid criminals in Canada

Given what happened in South Africa in support of apartheid, this dissertation explores the various approaches to justice that have been, and might be employed to deal with the enormity of the crimes committed. The notion of universal jurisdiction is explored as a way of expanding the discussion to include not just actions to be taken in South Africa but also possible action that could be taken by other countries.

The dissertation looks at what was done and not done, particularly by the United Nations and Canada during the apartheid era and after and as well in South Africa after the ending of apartheid. In this context it discusses the Truth and Reconciliation Commission, its structure, actions and shortcomings. It looks at the United Nations efforts, analyzing the genesis and import of the various declarations, principles and conventions that deal with either crimes against humanity in general and apartheid related crimes in particular. In this context, it also looks at the various war crimes/crimes against humanity trials that have been or are in progress. Finally, it looks at Canada as a case study. The focus is Canada's various responses to crimes against humanity. The dissertation discusses not only what Canada has done and not done, but what it could and might do.

In each case, South Africa, the UN and Canada, an historical account is presented. In the Canadian case, this is followed by a discussion of case law relevant to any future prosecution, deportation or extradition. The dissertation then looks at the reasons for action and inaction by Canada on various war crimes/crimes against humanity. It draws attention to the importance of political pressure, and m this context considers the implications of moral panic.

The dissertation concludes by pointing out the lack of adequate response to the crime of apartheid, notwithstanding developments in South Africa and the United Nations. In the Canadian case, it concludes that there is ample precedent for using universal jurisdiction.