Civil society engagement in the fight against impunity for international crimes: a comparative analysis between the United Republic of Tanzania and the Republic of South Africa

Bakilana, Joanna Rahmatoulay

Civil society engagement in the fight against impunity for international crimes: a comparative analysis between the United Republic of Tanzania and the Republic of South Africa

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Post-Second World War, state-centric frameworks sought to establish global human rights norms. Despite this, significant accountability gaps remain, especially in regions where state capacity and will are limited. This minor dissertation explores the relationship between law and civil society in addressing impunity for international crimes, focusing on Tanzania and South Africa. The research examines how international, regional, and domestic legal frameworks in both countries enable or disable civil society organisations (CSOs) in their efforts to bridge those gaps and strengthen accountability mechanisms. Tanzania's limited domestication of international legal frameworks creates a disabling rather than enabling environment for CSOs. In contrast, South Africa's more integrated legal environment theoretically supports CSOs through various measures. The dissertation critically analyses how these contexts influence CSO operations, highlighting the challenges posed by state interferences that manifest in punitive compliance measures. It underscores the pivotal role of CSOs in utilising the law to ensure that states adhere to their legal obligations particularly through grassroots advocacy, public awareness campaigns, and strategic legal action. Furthermore, this desktop study analyses secondary sources such as legal documents, academic literature, and reports from both domestic and international CSOs. Key areas of focus include the influence of international and regional human rights treaties, the integration of these instruments into national frameworks, and how the level of domestication of said instruments affects the effectiveness of CSOs in combating impunity within their respective legal contexts. The findings contribute to a deeper understanding of how an enabling legal environment can allow CSOs to provide critical oversight of government actions or inactions concerning accountability for human rights violations. This work not only advances discussions on civil society's role in addressing issues within international criminal justice but also offers practical recommendations for enhancing their impact in Tanzania, South Africa, and similar contexts.