Mia Swart
Biographic Data
| ID | 3922957 |
|---|---|
| NAME | Mia Swart |
| GIVEN NAMES | Mia |
| FAMILY NAME | Swart |
| SIGNATURE | SWART M |
| AFFILIATIONS | University of Johannesburg |
| ORCID | 0009-0005-1976-9287 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 3 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
South Africa v Israel: South Africa’s case at the International Court of Justice
Earning its Keep
This article suggests a framework for assessing legitimacy in the particularly volatile context within which the Special Criminal Court (SCC or ‘the Court’) for the Central African Republic (CAR) operates. The legitimacy of the SCC will be tested on two levels: the normative level and the sociological level. In terms of key normative legitimacy criteria, namely the establishment as well as the effectiveness of the court, the Court has earned subs…
The Zone of Interest
Constructing “Electronic Liability” for International Crimes: Transcending the Individual in International Criminal Law
It is increasingly clear that autonomous agents can commit international crimes such as torture and genocide. This article aims to construct ‘electronic liability’ for such international crimes. It will argue that it is not sufficient to hold the persons or programmers behind the autonomous agents liable, but that it should be possible to hold the autonomous agents that commit international crimes liable. It will examine ways in which legal perso…
Philippe Sands, East West Street: On the Origins of ‘Genocide’ and ‘Crimes Against Humanity’
How much do we know about the origins of the crimes about which we write frequently? How much do we know about the people whose lives became immortalized through these concepts? How do their lives intersect with our own? These are but some of the questions raised by Philippe Sands’ multiple biography and memoire East West Street. This book addresses the biographies of Hersch Lauterpacht and Raphael Lemkin, whose work was foundational to the disci…
The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on
The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and soci…
Requiem for a Dream: The Impact of Kiobel on Apartheid Reparations in South Africa
The Khulumani case, in which victims of Apartheid sued multinationals alleged to have profited from investments in pre-1994 South Africa, reflected and advanced international law developments with regard to corporate liability for human rights violations committed worldwide. It will be argued that corporations should be held accountable for human rights abuses and that pre-Kiobel, the Alien Tort Statute (ATS) provided a useful mechanism to ensure…
Politics gone cancerous: Why the Marikana massacre should be prosecuted as an international crime
What makes the Marikana massacre particularly chilling and poignant is the fact that the use of lethal force on a mass scale was sanctioned by South Africa’s democratically elected government. It also makes the massacre relevant to international law. It will be established in this article that the killing of 34 striking miners by the South African police is a crime that transcends the limits and boundaries of domestic justice. This article will e…
Introduction: Considering the aftermath of Marikana
The life of a person who is working in the mines is cheaper than even chewing gum. (Andile Yawa, relative of Marikana victim, quoted in Nicolson 2014)The tragic incidents at the Lonmin platinum min
The Warning Voice from Heidelberg: Radbruch, Dugard and the Prosecution of State Injustice
The Warning Voice from Heidelberg: Radbruch, Dugard and the Prosecution of State Injustice
Sorry Seems to be the Hardest Word: Apology as a form of Symbolic Reparation
Almost none of the leaders of the apartheid government apologised during the TRC process. This article argues that it is not too late for these leaders to apologise, and that one should be open to the transcendent value of apologies. Although apology does not fit easily into our individualistic, adversarial legal culture, it does fit into the paradigm of restorative justice. As a form of symbolic reparation, apology can be part of a package of re…
Left Out in the Cold? Crafting Constitutional Remedies for the Poorest of the Poor
It is clear that the superior courts in South Africa have wide powers to fashion remedies. The socio-economic rights debate should now shift from the justiciability of the rights to crafting appropriate remedies for their infringement. There is reason to be critical of the relief granted in the Constitutional Court's socio-economic jurisprudence. Litigants in cases such as Grootboom and Treatment Action Campaign have not received the shelter or d…
Ad Hoc Rules for Ad Hoc Tribunals? The Rule-Making Power of the Judges of the Icty and ICTR
In terms of the Statutes of the ad hoc International Criminal Tribunals for Rwanda and Yugoslavia, the judges of the Tribunals are empowered to adopt and amend the Rules of Procedure and Evidence of the Tribunals. This article argues that this power infringes upon the principle of legality and threatens the independence of the judges. It is submitted that the power to amend rules, unaccompanied by review mechanisms or sufficient safeguards, excee…
Left Out in the Cold? Crafting Constitutional Remedies for the Poorest of the Poor
It is clear that the superior courts in South Africa have wide powers to fashion remedies. The socio-economic rights debate should now shift from the justiciability of the rights to crafting appropriate remedies for their infringement. There is reason to be critical of the relief granted in the Constitutional Court's socio-economic jurisprudence. Litigants in cases such as Grootboom and Treatment Action Campaign have not received the shelter or d…
Introduction: Considering the aftermath of Marikana
The life of a person who is working in the mines is cheaper than even chewing gum. (Andile Yawa, relative of Marikana victim, quoted in Nicolson 2014)The tragic incidents at the Lonmin platinum min
Ad Hoc Rules for Ad Hoc Tribunals? The Rule-Making Power of the Judges of the Icty and ICTR
In terms of the Statutes of the ad hoc International Criminal Tribunals for Rwanda and Yugoslavia, the judges of the Tribunals are empowered to adopt and amend the Rules of Procedure and Evidence of the Tribunals. This article argues that this power infringes upon the principle of legality and threatens the independence of the judges. It is submitted that the power to amend rules, unaccompanied by review mechanisms or sufficient safeguards, excee…
Left Out in the Cold? Crafting Constitutional Remedies for the Poorest of the Poor
It is clear that the superior courts in South Africa have wide powers to fashion remedies. The socio-economic rights debate should now shift from the justiciability of the rights to crafting appropriate remedies for their infringement. There is reason to be critical of the relief granted in the Constitutional Court's socio-economic jurisprudence. Litigants in cases such as Grootboom and Treatment Action Campaign have not received the shelter or d…
Sorry Seems to be the Hardest Word: Apology as a form of Symbolic Reparation
Almost none of the leaders of the apartheid government apologised during the TRC process. This article argues that it is not too late for these leaders to apologise, and that one should be open to the transcendent value of apologies. Although apology does not fit easily into our individualistic, adversarial legal culture, it does fit into the paradigm of restorative justice. As a form of symbolic reparation, apology can be part of a package of re…
The Warning Voice from Heidelberg: Radbruch, Dugard and the Prosecution of State Injustice
The Warning Voice from Heidelberg: Radbruch, Dugard and the Prosecution of State Injustice
Requiem for a Dream: The Impact of Kiobel on Apartheid Reparations in South Africa
The Khulumani case, in which victims of Apartheid sued multinationals alleged to have profited from investments in pre-1994 South Africa, reflected and advanced international law developments with regard to corporate liability for human rights violations committed worldwide. It will be argued that corporations should be held accountable for human rights abuses and that pre-Kiobel, the Alien Tort Statute (ATS) provided a useful mechanism to ensure…
Politics gone cancerous: Why the Marikana massacre should be prosecuted as an international crime
What makes the Marikana massacre particularly chilling and poignant is the fact that the use of lethal force on a mass scale was sanctioned by South Africa’s democratically elected government. It also makes the massacre relevant to international law. It will be established in this article that the killing of 34 striking miners by the South African police is a crime that transcends the limits and boundaries of domestic justice. This article will e…
Introduction: Considering the aftermath of Marikana
The life of a person who is working in the mines is cheaper than even chewing gum. (Andile Yawa, relative of Marikana victim, quoted in Nicolson 2014)The tragic incidents at the Lonmin platinum min
The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on
The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and soci…
Philippe Sands, East West Street: On the Origins of ‘Genocide’ and ‘Crimes Against Humanity’
How much do we know about the origins of the crimes about which we write frequently? How much do we know about the people whose lives became immortalized through these concepts? How do their lives intersect with our own? These are but some of the questions raised by Philippe Sands’ multiple biography and memoire East West Street. This book addresses the biographies of Hersch Lauterpacht and Raphael Lemkin, whose work was foundational to the disci…
Constructing “Electronic Liability” for International Crimes: Transcending the Individual in International Criminal Law
It is increasingly clear that autonomous agents can commit international crimes such as torture and genocide. This article aims to construct ‘electronic liability’ for such international crimes. It will argue that it is not sufficient to hold the persons or programmers behind the autonomous agents liable, but that it should be possible to hold the autonomous agents that commit international crimes liable. It will examine ways in which legal perso…
South Africa v Israel: South Africa’s case at the International Court of Justice
Earning its Keep
This article suggests a framework for assessing legitimacy in the particularly volatile context within which the Special Criminal Court (SCC or ‘the Court’) for the Central African Republic (CAR) operates. The legitimacy of the SCC will be tested on two levels: the normative level and the sociological level. In terms of key normative legitimacy criteria, namely the establishment as well as the effectiveness of the court, the Court has earned subs…
The Zone of Interest
Political science (12 works) · Law (8 works) · Sociology (8 works) · Law (7 works) · International law (5 works) · International Law and Human Rights (5 works) · Economic Justice (4 works) · Historical and Contemporary Political Dynamics (4 works) · Business (3 works) · Criminology (3 works)