It is arguable that an African state that deliberately ignores or suppresses a compelling report on a health crisis of this magnitude, and that fails or refuses to take the action evidently needed to protect the health of its population from such an imminent and evident threat will be in breach of Article 16 of the African Charter on Human and Peoples’ Rights (1981). Given that the African Human Rights Commission is regarded by authoritative commentators to be under-utilised, this may be an apt and important moment to consider using its petition procedures to confront it with the AIDS problem in South Africa. Although Rhoda Kadalie's use of the word ‘genocide’ may not be strictly legally accurate within present definitions, it is not beyond the bounds of imagination to conceive of circumstances where a state could be held legally liable for something amounting to, or at least analogous to, a genocide - the death of millions - if that state shows a wilful omission to act in full knowledge of the consequences of that omission. Given the strength of evidence contained in the report, any plea of ignorance by a state in such circumstances would be utterly unconvincing.