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Rorich v the State and Others

This appeal arises from the first South African prosecution in which accused persons have been charged with apartheid-era crimes against humanity under customary international law. The case concerns the 1982 deaths of the COSAS 4 and raises the question whether such crimes may still be prosecuted decades after they were committed. The accused contend that the prosecution has prescribed, while the State argues that crimes against humanity are prosecutable under section 232 of the Constitution and customary international law. The High Court ruled in favour of the State, and the Supreme Court of Appeal will now decide whether that finding should stand.

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