Preliminary notes - editorial

• Published date: 30 October 2020
• Date: 30 October 2020

ix

Editor’s Note

2020 has seen tremendous upheaval and seismic shifts in t he ways

we understand the world. The coronavirus pandemic has changed

international relations and previous certainties have faded. In the eld

of international law reactions to the pandemic have caused concern that

countries have turned inwards and away from internationalism.

This year’s Yearbook contains four articles and th ree current develop-

ment pieces.

The volume commences with an art icle by Ntemesha Maseka and David

Abrahams on peacekeeping a nd sexual violence. The authors grapple with

whether a lacuna in the ex isting law causes the impunity and thus lack of

accountability of peacekeepers who commit acts of sexual v iolence.

Hillary Koboro considers t he reliance on United Nations Secur ity

Council resolutions as basis for internment in non-international armed

conicts. Whereas the law on internment is clear in international armed

conict, the law in non-international armed conicts rema ins unclear.

This year’s Yearbook also contains a contribution in French. T he article

considers special agree ments in the Democratic Republic of the Congo

(DRC) and whether these agreements enhance international humanitarian

law (IHL). The article concludes that there is no rea l evidence that

the parties to armed conicts in the DRC are com mitted to ensuring

compliance with IHL through these agreements.

The current development section contai ns three comments on one

of the most controversial topics this year: the election of the new Chief

Prosecutor of the International Cr iminal Court. The authors consider the

process adopted by the Bureau of the Assembly of States Par ties. Dov Jacobs,

Evelyn Ankuma h and James Goldston and Kate Vigneswaran weighed in

on this important debate.

Whereas Vigneswara n argues that form and substance must be

mutually reinforci ng, Jacobs explains what he means with a ‘minimali stic’

view to the selection of the next prosecutor. He comments on the report

and nds it rat her ‘underwhelming.’

Ankumah a nd Goldston look at why process matters for the selection

of the next prosecutor. The role of prosecutorial discretion, political

judgment, and resource allocation is, in fac t, at the core of situation and

case selection.

Because of unforeseen delays caused by the coronavirus pa ndemic it

took more effort than usual to bring out the Yearbook.

I wish to express specia l thanks to Lauren Nel, Managing Ed itor of

AYIH L, for her utmost dedication to the Yearbook this year. Thanks also to

Philippa van Aardt from Juta for her very hard work.

(2019) African Yearbook on International Humanitarian Law Editor

© Juta and Company (Pty) Ltd