Giving Effect to International Human Rights law in the Domestic context of Botswana: Dissonance and Incongruity in Judicial Interpretation

Abstract

ABSTRACT Since 1st April 2008, Botswana has been very vocal on international affairs. She has taken some very serious positions on the political front on events happening around the globe. Examples include her rejection of an African Union resolution not to cooperate with the International Criminal Court in the latter's quest to arrest and hand over Al Bashir of Sudan and Muammar Gaddafi of Libya to the International Criminal Court for prosecution, and defying an African Union resolution which sought to pressurise the International Criminal Court to drop charges against President Kenyatta of Kenya and his deputy Ruto. In all these cases her position was based on her self-declared status as a champion and observer of democracy and the rule of law. This has begged the question whether Botswana practices those norms within her domestic sphere and whether the practice of other organs of the state, in particular the judiciary, reflect the same international posture. The conclusion that will be reached is that the practice in Botswana is not quite in consonance with the position presented on the international plane.