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people's warExplanation ... AND CRIMES AGAINST HUMANITY64 In making judgements in respect of the above requirements, the Commission was guided by criteria derived from just war theory (which was referred to in several submissions made to the Commission by political parties), international human rights principles and the ... ... breach of the Geneva Conventions and the Additional Protocols. According to this view, the actions that the state considered to be legitimate were war crimes. For this reason it is important to elucidate the distinction between a ‘just war’ and ‘just means’. 18. In its five-volume Final ... ... intentional actions to unintentional, unplanned acts that occurred because things ‘went wrong’. Intentional military actions: “We were at war.” 9 As is apparent from the testimony of the former head of ANC special operations, Mr Aboobaker Ismail, in the amnesty hearing on the Church ... ... the group of Inkatha supporters and special constables who gathered at Ntombela’s home before descending into the valley to attack (Seven Day War hearing, 19 November 1996). 284 SAP spokesperson Director Daniel Meyer, who was on duty during the Seven Day War, was questioned regarding the ... ... it for condemning the liberation movements for atrocities perpetrated during the liberation struggle: Although the context of hostilities, war and the struggle for survival is grudgingly admitted, the condemnation is nevertheless made. How we may ask, can people who were fighting and ... The Committee on South African War Resistance and the End Conscription Campaign 20 Mr Roger Field provided a brief input on the Committee on South African War Resistance (COSAW), an organisation of exiled conscientious objectors, formed in the aftermath of South Africa’s invasion of Angola in ... ... only 4566 victims had been fully compensated as of July 2001.47 OTHER REPARATION PROGRAMMES 22. Payment of reparations as a consequence of war has long been a customary and/or legal obligation, generally extracted by the winning party. While historically such reparations or compensation ... ... of people were affected by the violence – suffering death, injury, maiming, bereavement and displacement on a large scale. 189 The Seven Day War in 1990 was one of the most significant events in the history of political violence in the province during the period. The Seven Day War is the ... ... campaign, and embarking on campaigns to intimidate voters, disrupt meetings and so forth. It seems that some of this money also went towards the funding of a right-wing group, Aksie Kontra 435, involving people such as Mr Horst Klenz, Mr Leonard Veenendal and Mr Darryl Stopforth, ... ... movements were protected in the conflicts that were taking place. 52. In this regard, Article 1(4) of Protocol I sought to confer prisoner of war status on national liberation movement combatants involved in the conflicts in South Africa and Israel. The article provides that ‘armed ... ... a range of events, such as a single episode of life-threatening harm and violence (for example rape and assault). In his submission he focused on war-related incidents, in particular those linked to guerrilla warfare: Guerrilla warfare, the type of war fought on the South African borders for ... Evidence of security force involvement in ‘third force’ activities 510 As indicated above, there was a long tradition of waging an all out war on the ANC, and in particular MK, that did not cease in 1990. Three related factors about the way in which this war was waged have a bearing on the ... ... been able to return to his home. 275 The Midlands Crisis Relief Committee (an organisation set up to deal with the aftermath of the Seven Day War) also received reports that the attackers were transported in vehicles which included about twenty trucks owned by the KwaZulu Department of ... 292 The full findings of the Commission on the event which became known as the Seven Day War are recorded elsewhere in the Commission’s report. In summary, they are as follows: THE COMMISSION FINDS THAT FROM 25–31 MARCH 1990, THE COMMUNITIES IN THE LOWER VULINDLELA AND EDENDALE VALLEYS, SOUTH ... ... law and invariably led to or created the conditions for the perpetration of gross violations of human rights. The reference here is to the wars in Angola and South West Africa (now Namibia), South African Police (SAP) operations in Rhodesia, surrogate-force campaigns in Angola, ... 1985–1989: The war comes home 140 By the end of 1984, the government appeared to have believed that it had turned the corner. The signing of the Nkomati Accord and a similar earlier negotiated agreement with Swaziland, together with the considerable success of the Security Branch’s ... ... that subordinates have or are about to commit international crimes’. International law takes into account the law as elaborated after the World War II trials and the terms of Additional Protocol I to the Geneva Conventions, which was written in 1977. 132. The ICTY interpreted customary ... ... South African white males of good standing, Afrikaans and English-speaking, unconditionally do national service - and more even than that, look forward to it? b Why did parents accept national service as a necessity and a general way of life? c Why did young people having difficulties at ... ... has supported our work financially, and through staff secondments and generous donations to the President’s Fund. 58 Some of us have been awarded the highest decorations of some of these countries; others have received honorary doctorates, and some of my colleagues have gone on from the ... ... the South African government. Eventually, South Africa would have to surrender its control over the protectorate. Its ambition was, therefore, to thwart SWAPO (South West African Peoples Organisation) in its ambitions to win independence for a democratic Namibia. From the late 1970s, Angola ... |
