Thread by @citezw

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@SiphoMalunga is discussing the following in his lecture:
-The applicability of International Law in Zimbabwe
-The status of International Law in Zimbabwe
-The status of the conflict in Matabeleland
-Evaluate the Gukurahundi massacres

#Gukurahundi @39
#Asakhe

@SiphoMalunga- Customary International law applies to Zimbabwe according to our Constitution.

#Asakhe
#Gukurahundi @39
@Gukurahundizim
@zenzele
@HealZim

Section 27 of our constitution states that all treaties, international agreements and conventions are not binding in Zimbabwe unless they are incorporated into the Law.

#Asakhe
#Gukurahundi @39
@Gukurahundizim
@zenzele
@kubatana

International Criminal Law deals with those rules in international law that seek to prohibit and punish acts deemed by the international community as crimes. The sources of this law are treaties and conventions - @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

The Geneva Convention applies to Zimbabwe, which states that civilians are protected from attack says @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim
@crisiscoalition

Common Article 3 of The Geneva Conventions states that you cannot:
Attack civilians
Impose violence
Take hostages
Pass sentences without trial

#Asakhe
#Gukurahundi @39
@Gukurahundizim
@HealZim

@siphomalunga says there is a background context that preceded Gukurahundi. The role of the Rhodesians to cause tension between ZAPU and Zanu-PF. The Megalomania of Mugabe and his desire to crush ZAPU and the role of South Africa.
#Asakhe
#Gukurahundi @39
@Gukurahundizim

There are two types of armed conflict International armed conflict which is two states against one another and then there is internal armed conflict- @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

There is evidence of the meddling of South Africa not only in Zimbabwe but the region as well. The involvement of South Africa made the Matabeleland conflict an International armed conflict.- @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

There are 3 international crimes which include: genocide, crimes against humanity and war crimes- @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

Genocide is not a new crime but an old crime, it is captured by the Genocide Convention- Sipho Malunga.

#Asakhe
#Gukurahundi @39
@Gukurahundizim

Zimbabwe has a Genocide Act of 2000. So by International Law and Zimbabwean Law, genocide is prohibited. @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

The crimes in Matabeleland was a Genocide. There is ample evidence. @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

The power structure of Zanu-PF often referred to the “Ndebele’s " when talking about the targets of Gukurahundi

#Asakhe
#Gukurahundi @39
@Gukurahundizim

When one looks at what happens in Matabeleland one can see that there was an organizational policy to deploy the brigade to weaken the Ndebele ZAPU supporting people.

#Asakhe
#Gukurahundi @39
@Gukurahundizim

It cannot be disputed that the 5th brigade was trained, resourced and protected and their operations by Justifying their actions by politicians.

#Asakhe
#Gukurahundi @39
@Gukurahundizim

If one concludes that the involvement of South Africa and Super ZAPU turned it into an International conflict then one can draw the conclusion that war Crimes were committed.

#Asakhe
#Gukurahundi @39
@Gukurahundizim

The ICC has no jurisdiction over Gukurahundi as the crime happened before the ICC was established - @SiphoMalunga

#Asakhe
#Gukurahundi @39
@Gukurahundizim

There are two types of criminal responsibility: Individual responsibility, which implies instigation of a crime, aid and abetting the crime, provide planning for the crime, giving the command of the crime.

#Asakhe
#Gukurahundi @39
@Gukurahundizim

As long as legal and political solutions are not found then they will continue to hand over the legacy of the country

#Asakhe
#Gukurahundi @39
@Gukurahundizim