About this book The novel is, at its core, a deep exploration of the moral considerations that drive crime and whether there is some point or level at which crime cannot be considered to be moral in the circumstances. The novel addresses these questions by engaging with an overarching story of true crime, supplemented by […]
Archive for the ‘Criminal Law’ Category
DARK VALUES AND DEEPER VOICES
Posted: 23rd November 2024 by James Grant in Criminal Law, Education, evidence, International Criminal Law, International Law, mental disorder, poverty, True CrimeTags: crime, criminal law, drug dealing, homelessness, International law, kidnapping, murder, poverty
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Pistorius: A brief reminder
Posted: 10th March 2024 by James Grant in Criminal Law, EducationTags: criminal law, dolus eventualis, murder, Pistorius, Self-defence
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Oscar Pistorius has recently been released on parole. It may be helpful to be reminded of how this can be. Pistorius was convicted of murder — the murder of whoever was in the toilet of his on-suite bathroom. He was given the minimum sentence applicable: 15 years, less time served, and he recently qualified for […]
The Incompatibility of a Claim to Self-Defence against a Charge of Genocide.
Posted: 18th January 2024 by James Grant in Criminal Law, Education, International Criminal Law, International LawTags: criminal law, Gaza, Genocide, Israel, Self-defence
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What is the relationship between genocide and self-defence? How can it be that everyone seems to agree, that there can be no defence to genocide? How can one understand Israel’s claim that they are not committing genocide but instead they are acting in self-defence? Why is it that Israel argues that its conduct is in […]
South Africa’s application against Israel for genocide.
Posted: 9th January 2024 by James Grant in Criminal Law, Education, International Criminal Law, International Law, UncategorizedTags: Genocide, Hamas, International Criminal Court of Justice, International Self-defense, Israel, Palestine, Palestinian, War
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The application in which South Africa accuses Israel of Genocide needs to be taken seriously because of what is in the document, and not because of anything about it. It is trite that international law prohibits the use of force by a state with two exceptions: The use of self-defense is governed by Article 51 […]
The Al Bashir Precedent and the Obligation on South African Officials to Arrest Putin.
Posted: 23rd April 2023 by James Grant in Criminal Law, Education, International Criminal Law, International LawTags: arrest, ICC, International Criminal Law, International law, President Putin, Putin, Ukraine
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Although the law could and should be clearer, it seems that, on the law as it stands in South Africa at present, if President Putin visited South Africa, there would be an obligation on South African officials to arrest him and surrender him to the ICC.
Comments Off on Of Grace and Immunity
Grace Mugabe’s only possible claim to diplomatic immunity is to the immunity of a special envoy or representative of another state. This is recognised under s 4 (2) of the Diplomatic Immunities and Privileges Act 37 Of 2001 (the”Act”), as follows: “A special envoy or representative from another state, government or organisation is immune from […]
Police’s limited licence to kill
Posted: 7th April 2017 by James Grant in Criminal Law, Education, ZumaComments Off on Police’s limited licence to kill
The extent of force permitted in effecting and arrest is different to the extent of force permitted in private defence. An arrest serves one legitimate purpose only: to secure attendance of a suspect at court to answer to a charge. The purpose of the right to use force in private defence is to protect person […]