Jeremy Julian Sarkin

BOOKS

•Signposts to Peace (An investigation into the Natal Conflict) by Sarkin, Ahlund and Macdonald, 1990

•A Charter for Social Justice: A Contribution to the South African Bill of Rights Debate by Sarkin, Corder, Murray, Steytler, O'Reagan, Kahanowitz, Murphy and Smith, 1992

•From Human Rights to Human Wrongs, edited by Malila, Sarkin, Viljoen, 1994

•Human Rights, the Citizen and the State (eds Sarkin and Binchy) Round Hall Sweet and Maxwell 2001

•The Principle of Equality (editors Sarkin, Vander Lanotte and Haeck) Maklu Publishers Antwerpen 2001

•Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (editors Sarkin, vanderlanotte and Haeck) Maklu Publishers Antwerpen 2001

•Social, Economic, and Cultural Rights - An Appraisal of Current International and European Developments" (eds De Pelsmaeker, Vanderauweraert, Sarkin and Van de Lanotte) Maklu Publishers Antwerpen 2002

•The Administration of Justice: Comparative Perspectives (Sarkin and Binchy eds) 2004
Four Courts Press.

•Carrots and Sticks: The TRC and the South African Amnesty process (2004) Intersentia

•Reconciliation in Transitional Societies (co-authored with Erin Daly) 2007 University of Pennsylvania Press

•(forthcoming) Book manuscript in preparation – Reparations for Colonial and other Historical Human Rights Claims

•(forthcoming) editor of Book - Human rights in African Prisons (to be published by HSRC Press (2008)

JOURNAL ARTICLES AND BOOK CHAPTERS

(forthcoming) 2007 An overview of human rights in African Prisons in (Jeremy Sarkin editor) Human Rights in African Prisons

2007 The historical origins, convergence and interrelationship of international human rights law, international humanitarian law, international criminal law and international law: Their application from at least the nineteenth Century Human Rights and International Legal Discourse volume 1 number 1. 125-172.

(forthcoming) 2007 An Evaluation of the South African Amnesty Process in Audrey Chapman and (forthcoming) Hugo van der Merwe (eds) Truth and Reconciliation: Did the TRC Deliver (University of Pennsylvania Press)

(forthcoming) 2007 – Constitutionalism in Southern Africa: A focus on land in Romano Orrù (ed) African Constitutionalism Teramo, Italy

2007 Reparations for gross human rights violations in Africa – the Great Lakes in Steven Pete and Max du Plessis Repairing the Past - International Perspectives on Reparations for Gross Human Rights Abuses (Intersentia Press) 199-231.

2006 (with Guilia Dalco) Promoting human rights and achieving reconciliation at the international level (Part 1) Law, Democracy and Development 2006 (1) 69-99

2006 (with Guilia Dalco) Promoting human rights and achieving reconciliation at the international level (Part 2) Law, Democracy and Development 2006 (2) 49-69

2006 The amnesty hearings in South Africa revisited in Gerhard Werle (ed) Justice in Transition – Prosecution and Amnesty in Germany and South Africa BWV, Berlin 2006) 43-53

2006 Reparation For Gross Human Rights As An Outcome Of Criminal Versus Civil Court Proceedings in Reparation for Victims of Gross and Systematic Human Rights Violations (eds) Marc Bossuyt, Koen De Feyter, Paul Lemmens, Stephan Parmentier and Filip Reyntjens Antwerp: Intersentia 151-188

2004 “Genocide” in Pieces of the Puzzle (eds) Charles Villa-Vicencia and Erik Doxtader David Philip Publishers

2004 Pursuing Private Actors for Reparations for Human Rights Abuses Committed in Africa in the Courts of the United States of America in Charles Villa-Vicencio and Erik Doxtader (eds) Reparations in South Africa David Philip Publishers 271-320

2004 The Coming of Age of Claims for Reparations for Human Rights Abuses Committed in the South Sur International Human Rights Journal 67-125.

2004 Reparation for Past Wrongs: Using Domestic Courts around the World, especially the United States, to Pursue African Human Rights Claims 32(2) International Journal of Legal Information 339- 372 (2004)

2004 (co-authored with Erin Daly) “Too many questions, too few answers: Reconciliation in transitional societies” 35 (3) Columbia Human Rights Law Review (2004) 101-168

2004 "Evaluating the Proposal to Amend the South African Constitution to Change the Length of Service of Constructional Court Judges From a Fixed 12 Year Term to an Indefinite Term based on Age" in The Administration of Justice: Comparative Perspectives (Sarkin and Binchy eds) 32-52

2003 “Comparing and Contrasting the Approach To Transitional Justice In South Africa And Rwanda: Choosing Between Truth, Reconciliation And Justice” in La Justice Penale Internationale Dans Tribunaux Ad Hoc (Emanuela Fronza and Stefano Manacorda (eds) 327-341

2003 (co-authored with M Pietchman) “Legitimate humanitarian intervention under international law in the context of the current human rights and humanitarian crisis in Burma/Myanmar” 33(1) Hong Kong Law Journal (2003) 371-416.

2003 “Holding multi-national corporations accountable for human rights and humanitarian law violations committed during colonialism and apartheid: an evaluation of the prospects of such cases in the light of the Herero of Namibia’s genocide case and South African apartheid cases being brought in the United States under the Alien Torts Claims Act” in Eva Brems and Pieter van der Heede (ed) Bedrijven en Mensenrechten" Maklu Publishers Belgium 2003 174 - 204.

2003 (book review) Priscilla Hayners Unspeakable Truths: Facing the challenges of Truth Commissions in International Affairs January 2003.

2003 “To prosecute or not to prosecute that is the question? An examination of the constitutional and legal issues concerning criminal trials in Charles Villa-Vicencio and Erik Doxtader (eds) The Provocations of Amnesty David Philip Publishers 237-264.

2002 “Legal aid: promoting access to justice” 19(3) December 2002 Indicator

2002 “Promoting access to justice in South Africa: Should the legal profession have a voluntary or mandatory role in providing legal services to the poor?” 2002(4) South African Journal on Human Rights 614 - 630.

2002 (book review) African Perspectives on Governance edited by Goran Hyden, Dele Olowu and Hastings W.O. Okoth Ogendo in International Affairs July 2002.

2002 "Examining The Competing Constitutional Processes In Burma/ Myanmar From A Comparative And International Democratic And Human Rights Perspective" 2001 2(2) Asia-Pacific Journal on Human Rights and the Law 42 -68.

2002 "Finding A Solution For The Problems Created By The Politics of Identity in the Democratic Republic of the Congo (DRC): Designing A Constitutional Framework for Peaceful Co-Operation" in The Politics of Identity Konrad Adenhauer Foundation (editors) 67 -80.

2001 "Judges' Tenure – What About Transformation?" Legal Brief 27 September 2001

2001 "Judging How Long Our Top Judges Should Serve" Sunday Independent 23 September 2001

2001 "The Tension between Justice and Reconciliation in Rwanda: Politics, Human Rights, Due Process and the Role of the Gacaca Courts in Dealing With the Genocide" in 45(2) Journal of African Law (2001) 143 -172.

2001 "Democratizacao E Justice No Periodo De Transicao Em Angola" Conferencia Internacional Angola – Direito, Democracia, Paz E Desenvolvimento 203-236.

2001- "Evaluating The Constitutional Court's Decision In South African Association Of Personal Injury Lawyers v Heath In The Context Of Crime And Corruption In South Africa " 2001 (4) South African Law Journal 767-810.

2001 Book review (Alex Boraine A Country Unmasked) in International Affairs July 2001

2001 "The Evaluation by South Africa's Constitutional Court of the Bail Laws" in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 215 - 241.

2001 "National Human Rights Institutions in South Africa" in Human Rights, the Citizen and the State (eds Binchy and Sarkin) 2001 13 -51.

2001 (editorial) in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 1 -11.

2001 "Crime and Human Rights" in Resolving the Tensions Between Crime and Human Rights: European and South African Perspectives (ed Sarkin, Haeck and Vanderlanotte) 25 - 51.

2001 "Balancing the need to deal with crime while promoting human rights in the police, courts and prisons in South Africa" Law, Democracy and Development 2000(2) 151 - 172.

2001 - "Corruption in South Africa" Business Day 4 July 2001

2001 "Editorial" in both English and French in Law, Democracy and Development 2000(2) vii - xv and xvii - xxvii
2001 - "Using gacaca community courts in Rwanda to prosecute genocide suspects: Are issues of expediency and efficiency more important than those of due process, fairness and reconciliation?" in Rwanda and South Africa in Dialogue: Addressing the Legacies of Genocide and a Crime Against Humanity Charles Villa-Vicencio and Tyrone Savage(ed) 54 - 91.

2001 "Ensuring Free and Fair Elections in a Democratic Burma" 8 Legal Issues on Burma (April 2001) 25 - 36.

2001 - "Post Apartheid Education in South Africa: Towards Multi-Culturalism or Anti-Racism" in Carl A. Grant and Joy L. Lei (Eds.) Global Constructions of Multicultural Education: Theories and Realities. Mahwah, NJ: Lawrence Erlbaum Associates, Inc

2001 - "Editorial" in The Principle of Equality (eds Sarkin, Vander Lanotte and Haeck) 2001.

2001 - "Human Rights in South Africa: constitutional and Pan African Concept" in The Principle of Equality (eds Sarkin, Vander Lanotte and Haeck) 89 -114.

2001- "Human Rights in South Africa: Constitutional and Pan African Concepts" in 5(1) Chroniques De Droit Public / Publiekrechtelijke Kronieken 39-56.

2001 "L'ecriture de la Constitution Sud-Africaine de 1996: Approache Formelle et Materielle" 44 Revue Francaise: Droit de Constitutionnel (2000) 746-767.

2001 -"The Legacy of Nuremburg" Occasional Paper of the Kaplan Centre for Jewish Studies at the University of Cape Town.

2000- Laws of South Africa (LAWSA) volume 21 title "Public Health" 215 - 284

2000 - "Examining and Enhancing the Role of National (Constitutional and Statutory) Human Rights Institutions in Developing a Human Rights Culture In South Africa" 2000 (2) SA Public Law 290 -330

2000 - "Dealing With Past Human Rights Abuses and Promoting Reconciliation in a Future Democratic Burma" in 7 Legal Issues on Burma (December 2000) 1 -14.

2000 - "The South African Constitution As Memory and Promise" in Charles Villa-Vicencio (ed) Transcending a Century of Injustice 72-84.

2000 (co-authored with Esther Steyn, Dirk van Zyl Smit and Ron Pachke) "Reflections on the Constitutional Court's bail decision in S v Dlamini; S v Dladla; S v Joubert; S v Schietekat: Individual liberty in crisis?" 16 (2) South African Journal on Human Rights 292 - 312.

2000 - "Promoting Justice, Truth and Reconciliation in Transitional Societies: Evaluating Rwanda’s Approach In the New Millennium of Using Community Based Gacaca Tribunals To Deal With the Past" 2(2) International Law Forum (2000) 112 - 121.

2000- "A Review of Health and Human Rights after Five Years of Democracy in South Africa" Medicine and Law Volume 19 (2) 287 -307

2000 -"Democratising the Courts in Post-Apartheid South Africa: The Structure and Role of The Courts" 7 Journal of Constitutional Affairs (April 2000) 9-22.

1999-"The Common Law in South Africa: Pro-Apartheid or Pro-Democracy" 23(1) Hastings International and Comparative Law Review (Fall 1999) 1 -25

1999 - "Preconditions and Processes for Establishing a Truth and Reconciliation Commission in Rwanda- The Possible Interim Role of Gacaca Community Courts" Law Democracy and Development 1999(2) 223 - 238.

1999 - "Editorial" Law Democracy and Development 1999(2) v -viii.

1999 - "Transitional Justice and the Prosecution Model: The Experience of Ethiopia’ 1999(2) Law Democracy and Development 253 - 266.

1999- "Comparing and Contrasting Democracy and Human Rights Provisions in Two Draft Burmese Constitutions from an International Perspective" 4 Legal Issues on Burma Journal (October 1999) 56-69.

1999 - Reviewing and Reformulating Appointment Processes to Constitutional (Chapter Nine) Structures 1999 (4) South African Journal on Human Rights 587 - 613

1999 - "Appointment Processes to Constitutional Structures" Konrad Adenauer Foundation Seminar Series

1999 - "Health" in the South African Human Rights Yearbook (1997)

1999 - "Reconciliation Through Truth: A Reckoning of Apartheid's Criminal Governance" (November 1999) Human Rights Quarterly 1129 - 1133.

1999 - "Preconditions and Processes for Establishing a Truth and Reconciliation Commission in Rwanda" published in London by the Relationships Foundations for Dissemination in Rwanda and the International Community

1999 - Negotiating the Religious and Legal Sources of Values in South Africa: The Role of Human Rights Published Proceedings of the Ecumenical Foundation of South Africa's Conference.
1999 - The State of Health and Human Rights in Post Apartheid South Africa South African Medical Journal (December 1999) 1259 - 1263 .

1999 - "The Truth about the Truth about the Truth Commission" Sunday Times 1 August 1999

1999 - "The Necessity and Challenges of a Truth and Reconciliation Commission in Rwanda" Human Rights Quarterly (August 1999) 667 - 823.

1999 - "The Drafting of the Final South African Constitution from a Human Rights Perspective" XLV11(1) The American Journal of Comparative Law 67.

1998 - "The Effect of Constitutional Borrowings on The Drafting of South Africa's interim Bill of Rights and the Role Played by Comparative and International Law in the Interpretation of Human Rights Provisions By The Constitutional Court" 1(2) Journal of Constitutional Law (Fall 1998) 176.

1998 - "Innovations in the interim and 1996 South African Constitutions" in The Review (June 1998) 57

1998 - Co-author of a United Nations Manual on Human Rights, Minorities and Conflict Resolution

1998 - “The Effect of Patriarchy and Discrimination on Apartheid South Africa's Abortion Laws” 4 Buffalo Human Rights Journal (1998) 141.

1998 - "The Development of a Human Rights Culture in South Africa" 20(3) Human Rights Quarterly (August 1998) 628

1997 - (with P Proudlock) "Civil Imprisonment of Debtors" South African Journal of Criminal Justice

1997 - (with H Varney) "Failing to Pierce the Hit Squad Veil: An Analysis of the Malan Trial" 10 South African Journal of Criminal Justice (1997) 141.

1997 - (with N Fourie) "The Contingency Fee Bill: Opening Access to Justice or Pandora's Box" Public Law

1997 - "The Truth and Reconciliation Commission in South Africa" Commonwealth Law Bulletin, " vol 23 (1& 2) Commonwealth Law Bulletin, 528 -542

1997 - (with S Cowen) "The Draft National Attorney General Bill: A Critique" 10 (1997) South African Journal of Criminal Justice 64

1997 - "The Political Role of the Constitutional Court", South African Law Journal, February 1997

1996 - "The Trials and Tribulations of the South African Truth and Reconciliation Commission" South African Journal on Human Rights 617, December 1996

1996 - "Health" in the South African Human Rights Yearbook 1996 115

1996 - "The Termination of Pregnancy Bill" Mail and Guardian, 25 October 1996

1996 - "Health" in South African Human Rights Yearbook 1995

1996 - "Suggestions For A New Abortion Law For South Africa" South African Journal of Criminal Justice (1996) 125

1996 - "Child Prisoners: Stop Fighting and Do Something" Weekend Argus, 14 September

1996 - "Acting on Cultural Weapons Will Contribute to a Climate of Tolerance" The Sunday Independent, 14 April

1996 - (with S Cowen) "Detention Debate Highlights New Role" Parliamentary Whip 4 April

1996 - "Panic Over Crime Could Poison South Africa" Democracy In Action, March

1996 - (with Shain and Frankental) "South Africa Must Reconcile With Past" Weekend Argus 20 January and The Sunday Independent 11 February

1996 - "The Constitutional Court's Decision on Legal Representation: S v Vermaas and S v Du Plessis, 12 (1) South African Journal on Human Rights (1996) 55.

1996 - "Problems and Challenges Facing South Africa's Constitutional Court: An Evaluation of its Decisions on Capital and Corporal Punishment" 113 South African Law Journal, 71

1995 - "The Role of the Legal Profession in the Promotion and Advancement of a Human rights Culture" Commonwealth Law Bulletin (October 1995) 1306.

1995 - “Why There Should Be An Abortion Clause in the Final Constitution” 4 South African Journal of Human Rights (1995) 582

1995 - (with S Cowen) "Attorney-Generals Must Be Accountable" Mail and Guardian, 13 – 19 October

1995 - "Apartheid Spectre Dogs Children's Rights in South Africa" The Argus, 31 July

1995 - “Abortion and the Courts” in S Liebenberg (ed) Towards A Final Constitution: A Gender Perspective 217

1995 - "Choice of Commissioners is Crucial" Cape Times, 22 May

1995 - "A Study of the Effect on Corporal Punishment of the South African Transitional Constitution and Bill of Rights", International Journal of Childrens Rights (September 1995) 369.

1995 - "Health" in South African Human Rights Yearbook 1994 117

1994 - "The Human Rights Commission Bill" Cape Times, 7 September

1994 - "Conscription" in South African Human Rights Yearbook 1993

1994 - "An Evaluation of the Election and Transitionary Legislation" Co-authored with Murphy, de Vos and de Ville in Steytler et al (eds) Free and Fair Elections in South Africa, Juta, January

1994 - "The South African Media in the Transition to Democracy" in Steytler et al (eds) Free and Fair Elections in South Africa , Juta, January

1993 - "Tomorrow's Lawyers" 9(3) South African Journal of Human Rights

1993 - "Conscription in South Africa" in South African Human Rights Yearbook, Oxford University Press, 1992

1993 - "Preventive Detention in South Africa" in Andrew Harding & John Hatchard (ed) Preventive Detention and Security Law: A Comparative Survey Martinus Nijhoff Netherlands

1993 - "Can South Africa afford justice? The need and future of a public defender system" 4 (2) Stellenbosch Law Review 261

1993 - The Prevention of Domestic Violence Draft Bill 9 South African Journal of Human Rights 288, May

1993 - "Restructuring the Legal Profession and Access to Justice: The Duty of Law Graduates and Lawyers to Provide Legal Services" 9 South African Journal of Human Rights, 223, May

1993 - (with H Varney) "Traditional Weapons, Cultural Expediency and the Political Conflict in South Africa: A Culture of Weapons and a Culture of Violence" 6 Criminal Justice Journal 2, May

1993 - co-authored with De Vos & Fichardt "The Law on Demonstrations is Flawed" Cape Times

1993 - co-authored with Cockrell "Minority May Not Decide Death Penalty" Cape Times and in Civil Rights League Newsletter

1993 - "Abortion in the New South Africa" in 56 Tydskrif vir Hedendags Romeinse Hollandse Reg (THRHR) 83, February

1992 - Booklet co-authored with Kahanowitz "Access to Justice and the Legal Profession" Legal Education Action Project - University of Cape Town

1992 - "Socio-Economic Rights in a Bill of Rights" in Civil Rights League Newsletter, June

1991 - "Changes to the Security Laws in South Africa" in ICJ 47 The Review 61, December

1991 - “Post Pretoria Minute Amendments to the Internal Security Act”, National Association of Democratic Lawyers (NADEL) National Newsletter

1991 - “Children in the Old and New South Africa” in the Civil Rights League Newsletter, June

1991 - “Natal Violence” in the Civil Rights League Newsletter, February

1990 - “The Natal Violence”, ICJ 46 The Review (Switzerland)

1990 - "Abortion in South Africa", Stellenbosch Lawyers for Human Rights Magazine

1990 - "Choice and Informed Request: The Answer to Abortion. A proposal for South African Abortion Reform", Stellenbosch Law Review 372

1989 - "Judges in South Africa: Black Sheep or Albino's" in 24 CIJL (Geneva, Switzerland), Bulletin 34