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Dissertations / Theses on the topic 'Court statute'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Wright, Michael W. "The Louisiana Teacher Assault Pay Statute| An Analysis of Court Decisions Interpreting the Statute and a Comparative Study of Teacher Assault Pay Statutes in Other States." Thesis, University of Louisiana at Lafayette, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10260572.

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<p> Municipalities, administrators, and teachers have faced the challenge of school violence since public education began. In some states, legislatures have passed special legislation granting specific benefits to teachers who are injured by violence while on duty. Louisiana’s teacher assault pay statute provides that a teacher who is away from work due to an assault by a student or other person is entitled to full pay without any deductions from the teacher’s accumulated sick leave. However, the meaning of that statute has been disputed in litigation between teachers who suffered

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2

Wafula, Tumani Regina. "Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism." University of the Western Cape, 2012. http://hdl.handle.net/11394/4632.

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Magister Legum - LLM<br>The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from nation

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Bogan, Sean Anthony. "Defences to crimes under the Rome Statute of the International Criminal Court." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/25230.

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The topic of defences to crimes under international law has been described as the “most confused and contentious area of international criminal law” (M. Lippman, “Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War”, (1996) 15 <i>Dickinson Journal of International Law</i> 1, pp. 1-2). While the Rome Statute of the International criminal Court offers, for the first time in the history of conventional international criminal law, a codification of available defences, this codification is only partial. Defences not enumerated within the Rome Statute may sti

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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.

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Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.

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Aceng, Judith Christabella. "Progress and challenges of implementing the Rome statute of the international criminal court in Uganda." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/3799.

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Magister Legum - LLM<br>The aim of this study is the coming into force of the Rome Statute of the International Criminal Court was a thriving success for the international community insofar as that it contributed greatly to international criminal law jurisprudence. The Rome Statute establishes the International Criminal Court and confers upon the ICC jurisdiction over the international crimes namely: the crime of genocide; crimes against humanity; war crimes and the crime of aggression

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Huong, Pham Thi Thu. "A Changing Notion of Complementarity under the Rome Statute of the International Criminal Court." 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/16936.

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Belay, Markos Debebe. "Scrutinising the modes of responsibility under the Rome statute : settling the dust." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5165.

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Collins, Emma. "Admissibility in the Rome Statute of the International Criminal Court : issues of interpretation and application." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543699.

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Byron, Christine Jane. "War crimes and crimes against humanity in the Rome Statute of the International Criminal Court." Thesis, University of Liverpool, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.400404.

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Bisset, Alison. "The Coexistence of Truth Commissions and criminal courts under the prosecutorial regime of the Romes statute of the international Criminal Court." Thesis, University of Dundee, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.500570.

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Kamunde, Nelly Gacheri. "Drawing the borderlines: truth justice and reconciliation mechanisms/amnesties and the Rome Statute." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2849_1363357271.

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Muthoni, Viola Wakuthii. "Duress as a defence in international criminal law: from Nuremberg to article 31(1) (d) of the Rome statute of the international criminal court." University of Western Cape, 2013. http://hdl.handle.net/11394/3915.

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Olugbuo, Benson Chinedu. "Implementing the Rome Statute of the International Criminal Court domestically : a comparative analysis of strategies in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1069.

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"With the entry into force of the Rome Statute in July 2002 and the election of judges and prosecutors of the Court in 2003, there is need for states parties to the Rome Statute to enact laws to incorporate the crimes defined in the treaty. Currently, 92 states are parties to the treaty. The success of the ICC will depend not only on widespread ratification of the Rome Statute, but also on states parties' compliance with obligations under the treaty. For almost every state this will require some change in national law in accordance with existing laws and proceedings in a given legal system. Th

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15

Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.

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Thesis (LLM)--Stellenbosch University, 2013.<br>Bibliography<br>ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find a

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Mohd, Hassan Fareed. "National prosecution against heads of state of non-state parties to the Rome Statute in southeast Asia : challenges and prospects under the complementarity principle." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237101.

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Filbert, Nicksoni. "The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes." University of the Western Cape, 2017. http://hdl.handle.net/11394/6348.

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Magister Legum - LLM (Criminal Justice and Procedure)<br>In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice and Human and Peoples' Rights (ACJHPR) by vesting it with criminal jurisdiction. The ACJHPR will comprise of three sections, namely, a General Affairs Section, a Human and Peoples' Rights Section and an International Criminal Law Section. The Malabo Protocol, therefore, confers the proposed ACJHPR with criminal jurisdi

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Mohami, Thapelo Adelice. "The principle of complementarity : a critical analysis of Article 17 of the Rome Statute from an African perspective." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013326.

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This thesis attempts to address perennial concerns, mostly raised in some quarters in Africa, pertaining to the development of the complementarity regime established by the Rome Statute of the International Criminal Court. It grapples with a very important question, whether the principle of complementarity, embodied in article 17 of the Rome Statute, was formulated and is being applied by the ICC in a manner that upholds the ideals and theories upon which the regime was founded. The principle of complementarity is designed to mediate the imperatives of State sovereignty and a legitimate intern

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Nakitto, Saidat. "The implementation of the Rome Statute of the International Criminal Court in Uganda and South Africa : a critical analysis." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15271.

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The thesis examines the extent to which the Rome Statute of the International Criminal Court (Rome Statute) has been implemented by Uganda and South Africa. State parties to the Rome Statute are expected to perform their obligations under the Statute in good faith. This entails conducting investigations and prosecutions for ICC crimes by virtue of the principle of complementarity, as well as fully cooperating with the ICC in its investigations and prosecutions where the state is unwilling or unable to do so. However, the Rome Statute does not provide clear guidance on what measures need to be

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Li, Chenyu. "Examining the Risks of Joining the International Criminal Court and Ways to Increase Ratification." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2119.

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The International Criminal Court (ICC) is a permanent court created by the Rome Statute to prosecute persons for the most grievous crimes of human rights: war crimes, genocide, and crimes against humanity. Based on the very idea that the protection of a set of universal human rights is the responsibility of the international community as a whole, the ICC today, however, finds itself uncertain about its future. Most notably, a number of non-signatory states, including traditionally major players in international politics such as the United States, China, and India, have been adamant against joi

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Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.

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The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their ap

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Burkhardt, Maren. "Victim participation before the International Criminal Court." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16235.

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Die vorliegende Arbeit beschäftigt sich mit der Frage, inwieweit Geschädigte von völkerstrafrechtlichen Verbrechen sich am Verfahren vor dem Internationalen Strafgerichtshof (IStGH) beteiligen können. Im Jahr 1998 wurde das Rom Statut des IStGH errichtet, welches erstmalig im Völkerstrafrecht die Möglichkeit für Geschädigte vorsieht, über die „Beteiligung“ als Zeuge hinaus aktiv am Verfahren vor dem IStGH teilzunehmen. Die Arbeit setzt die Normen des Rom Statuts zunächst in einen historischen Kontext. Sodann wird die Auslegung der Normen in den unterschiedlichen Verfahrensabschnitten umfassend

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ElDeeb, Hossam. "The ratification and implementation of the Rome Statute of the International Criminal Court by the Arab states : prospects and challenges." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/14595.

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The Rome Statute of the International Criminal Court is a major landmark in the development of international accountability. Its preamble affirms “that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation”. Thus the signatory states were “determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes”. The ICC contributes to the fight against impu

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Tsabora, James. "The application of the Rome Statute of the International Criminal Court to illegal natural resource exploitation in the Congo conflic." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1002612.

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This thesis explores the phenomenon of illegal natural resource exploitation in conflict zones and the application of international criminal law, particularly the Rome Statute of the International Criminal Court to combat the roblem. Contemporary African conflicts, such as the Democratic Republic of Congo conflict explored as a case study herein, have become increasingly distinguishable by the tight connection between war and various forms of illegal natural resource exploitation, particularly targeting valuable and precious mineral resources. With their incidence being highest in Africa, wars

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Yodlowski, Shane. "Alien Tort Statute: A Discussion and Analysis of the History, Evolution, and Future." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1657.

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The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases that have evolved t

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Watson, Davis. "Constitutionality of drug possession as a strict liability crime an analysis of florida's drug statute." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/637.

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The United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has already been ruled unconstitutional on its face by the United States District Court for the Middle Distri

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Aklar, Korhan. "A Study Of Article 23 Of The Protocol On The Statute Of The Court Of Justice: Experience Of The United Kingdom." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/12606511/index.pdf.

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This thesis describes the system of submitting observations envisaged in Article 23 of the Protocol on the Statute of the European Court of Justice. The thesis seeks to illustrate and criticize the utilization of the system enshrined in Article 23 by the member states of the European Union. The experience of the United Kingdom is analyzed by examining the preliminary ruling judgments that the government of the United Kingdom has submitted observations in order to describe the system and demonstrate its application by a member state of the European Union.

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Bower, Adam Stephen. "Norm development without the great powers : assessing the Antipersonnel Mine Ban Treaty and the Rome Statute of the International Criminal Court." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/43704.

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Can international treaties generate broadly influential norms when the legal agreements themselves are rejected by the most powerful states in the international system? Despite valuable scholarship focusing on their initial creation of “non-great power” treaties, few studies have sought to systematically examine the subsequent impact of these initiatives. The present dissertation addresses this gap through a detailed assessment of two archetypal cases, the Antipersonnel Mine Ban Treaty and Rome Statute of the International Criminal Court. To do so, I develop a theory of treaty influence that

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Ukuni, Clare Lagua. "Un-triggering the jurisdiction of the International Criminal Court : the Ugandan Referral of the situation concerning the Lord’s Resistance Army in Northern Uganda to the International Criminal Court." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8065.

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The author addresses the following objectives: (1) Examines whether a state can withdraw a case upon which an indictment has been made by the International Criminal Court (ICC) (2) Determine and elucidate on the circumstances under which a referral can be withdrawn from ICC jurisdiction. (3) Clarifies whether a referral can be withdrawn if the referring state develops mechanisms for domestic trial of relevant ICC crimes<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.<br>A Dissertation submitted to the Faculty of Law University of Pretoria, in parti

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Dale, Adi Dekebo. "Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?" Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5512.

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Magister Legum - LLM<br>The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United Nations, international human rights organisations, and media. Besides, the group itself gives first-hand information through social media and its magazine. Having witnessed the atrocities committed by Islamic State of Iraq and the Levant, the United Nations Security Council affirmed that the Islamic State of Iraq and the Levant’s conduct in Syria and

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Boka, Marie. "La Cour Pénale Internationale entre droit et relations internationales, les faiblesses de la Cour à l'épreuve de la politique des Etats." Phd thesis, Université Paris-Est, 2013. http://tel.archives-ouvertes.fr/tel-01022596.

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La jurisprudence de la Cour a été commentée et comparée à celle des tribunaux ad'hoc par de nombreux chercheurs. Cependant, ses interactions avec le système international (Etats, organisation internationales) furent quelque peu délaissées. Or, en tant que partie intégrante de ce système, elle ne peut être analysée comme un élément isolé. La stratégie du Procureur est incompréhensible si elle n'est pas rapprochée des attentes et préoccupations de la société internationale. Elle véhicule des valeurs et idéologies en provenance d'une certaine partie du monde au détriment des autres. il est vrai q

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Nabukeera, Catherine. "The international crimes division of Uganda: Complementry in practice." University of the Western Cape, 2017. http://hdl.handle.net/11394/6370.

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Magister Legum - LLM (Criminal Justice and Procedure)<br>In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people lost lives in the two world wars and in conflicts in Rwanda, Sierra Leone and the former Yugoslavia. Although the International Military Tribunal and ad hoc courts prosecuted some of the major perpetrators in these conflicts, before then, many criminals such as German Kaiser, Wilhelm II, remained unpunished. The Internati

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Masose, Tariro Veronica P. "The Prosecution of Sexual Violence Crimes under Article 7 And 8 Of the Rome Statute of the International Criminal Court: A Reason for Optimism?" The University of the Western Cape, 2017. http://hdl.handle.net/11394/5788.

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Magister Legum - LLM<br>The Rome Statute gave birth to the International Criminal Court (ICC) on 17 July 1998. Its mandate is to assist the international community in the arduous task of closing the gap of impunity for the most heinous crimes, namely war crimes, crimes of aggression, genocide and crimes against humanity. For the first time in the history of humankind, States accepted the jurisdiction of a permanent international criminal court, for the prosecution of the perpetrators of the most serious crimes committed within their territories or by nationals after the entry into force of the

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Schmidt, Thomas M. [Verfasser]. "Crimes of Business in International Law : Concepts of Individual and Corporate Responsibility for the Rome Statute of the International Criminal Court / Thomas M. Schmidt." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2015. http://d-nb.info/1106338847/34.

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Mudimu, Godknows. "Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15203.

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The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing

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Enabulele, Amos Osaigbovo. "The relevance of judicial decisions in international adjudications : reflections on Articles 38(1)(d) and 59 of the statute and the practice of the International Court of Justice." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/7193.

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In classical international law, States alone were the makers and subjects of the law. Times have changed. Contemporary international law admits, not only States as its subjects but also individuals and international organisations; it controls not just the needs of States but also the needs of individuals as it continues to venture into areas which, in the classical era, were exclusively reserved to domestic law. The fact that international law now applies to entities other than States is no longer a subject of controversy both in theory and practice. On the contrary, the question relating to w

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VanZandt, David. "The duality of florida's criminal pretrial diversion programs a separate treatment court for veterans." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/631.

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This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.<br>B.A. and B.S.<br>Bachelors<br>Health and Public Affairs<br>Legal Studies

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Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.

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Magister Legum - LLM<br>Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Securi

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Baumeister, Hannah. "Unravelling the process of defining war rape and forced marriage in times of armed conflict under the statute of the International Criminal Court : actors and structures." Thesis, Aberystwyth University, 2015. http://hdl.handle.net/2160/eabc6a79-9dc1-414d-aad1-3145a8ef73f3.

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The International Criminal Court's (ICC) provisions on sexualised violence are praised as progressive. However, they exclude forced marriage in times of armed conflict, interpreting it as a form of sexual slavery. Furthermore, the ICC rape definition can be interpreted as regressive and awkward. Puzzled by these contradictions, this thesis analyses the process of defining war rape and forced marriage. It focuses on the key actors, their influences, their understandings of war rape and forced marriage, and on how they shaped the definition process. The thesis argues that state and non-state act

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Denecke, Jan. "The admissibility of a case before the International Criminal Court : an analysis of jurisdiction and complementarity." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53084.

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Thesis (LLM)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: The permanent International Criminal Court (ICC) will come into operation after the 60th ratification of the Rome Statute of the International Criminal Court of 1998. The ICC will have jurisdiction over the most serious international crimes, namely war crimes, genocide and crimes against humanity. The focus of this thesis is the difficulties surrounding the admissibility of a case before the ICC. There are basically two legs to this analysis: jurisdiction and complementarity .. Jurisdiction of the ICC is analysed in h

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Nouwen, Sarah Maria Heiltjen. "Complementarity in conflict : law, politics and the catalysing effect of the International Criminal Court in Uganda and Sudan." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609009.

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Imoedemhe, Ovo Catherine. "National implementation of the complementarity regime of the Rome Statute of the International Criminal Court : obligations and challenges for domestic legislation with Nigeria as a case study." Thesis, University of Leicester, 2014. http://hdl.handle.net/2381/36077.

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The thesis is an analysis of how the complementarity regime of the Rome Statute of the International Criminal Court (ICC) can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle which outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’, ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the ICC. This thesis argues that a mutually inclusive interpretation and application of complementarity should be followed because it will increase domestic prosecutions and

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Abel, Alexander [Verfasser]. "Der Alien Tort Statute nach der Entscheidung des US-Supreme Court in der Sache Sosa v. Alvarez-Machain : Ein US-amerikanischer Weg zum Schutz der Menschenrechte / Alexander Abel." Aachen : Shaker, 2007. http://d-nb.info/1170527248/34.

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Zimba, Gamaliel. "The application of the principle of complementarity in situations referred to the International Criminal Court by the United Nations Security Council and in self-referred situations." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4577.

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Kabore, Wendkoigda Eloi. "Globalisation de la lutte contre l'impunité et Statut de Rome de la Cour pénale internationale." Electronic Thesis or Diss., Bourgogne Franche-Comté, 2024. http://www.theses.fr/2024UBFCF002.

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Le 17 juillet 1998, la communauté internationale adopte le Statut de Rome prévoyant la création d’une Cour pénale internationale permanente pour juger les présumés responsables de crimes internationaux à une échelle universelle. L’objet de cette étude consiste, en effet, à examiner la capacité de la Cour pénale internationale à atteindre cet objectif.En réalité, la Cour constitue un progrès majeur vers une meilleure mise en œuvre du droit international humanitaire et un pas en avant manifeste dans la lutte contre l'impunité. Elle se distingue à bien d’égards des autres tribunaux pénaux interna

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Lord, Sofia. "Joint criminal enterprise and the international criminal court : a comparison between joint criminal enterprise and the modes of liability in joint commission in crime under the Rome Statute; can the International Criminal Court apply joint criminal enterprise as a mode of liability?" Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-95847.

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Nyirenda, Fannie. "Corporate criminal responsibility under the Malabo Protocol: A step forward?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6342.

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Magister Legum - LLM (Criminal Justice and Procedure)<br>Traditionally, domestic criminal law was focused on individual guilt as can be seen from the principles of punishment, which are closely linked to blameworthiness and the infliction of loss or punishment to the offender. It most often requires the proof of the offender's mental state at the time of the committing the offence. Due to the emergence of the concept of legal persona, there has emerged a framework of imputing criminal liability on entities with legal personality. This concept has gained momentum in the domestic criminal law sy

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Schäfer, Lawrence Ivan 1972. "The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statute." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003209.

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The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional paramete

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REISS, MICHEL WENCLAND. "THE INTERNATIONAL CRIMINAL COURT IN THE CONTEXT OF GLOBALIZATION OF LAW: ANALYSES OF THE ROME STATUTE BASED ON ANGLO-SAXON INSPIRATION CRIMINAL LAW, ROMAN-GERMANIC CRIMINAL LAW AND BRAZILIAN CRIMINAL LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2017. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=36273@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O trabalho consiste na análise do processo de internacionalização dos Direitos Humanos com base no Direito Internacional Penal. Partindo de abordagens interdisciplinares na criação do Tribunal Penal Internacional, é feita uma leitura jurídico-penal do Estatuto de Roma a partir da aproximação dos conceitos oriundos do Common Law e do Civil Law em busca de um maior aprimoramento na construção de uma Parte Geral do Direito Internacional Penal. Assim, pretende-se contribuir para uma maior preocupação no tocante à responsabilização penal no plan

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Kalembera, Sylvester A. "The implementation of international criminal law in Malawi." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4488_1363356960.

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<p>On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over the crime of genocide, crimes against humanity, and war crimes. These crimes are the most serious crimes of international concern. The&nbsp<br>ICC operates under the principle of complementarity, which entails that the ICC will only assume jurisdiction over these core crimes in the event that a State Party is unwilling and unable genuinely to carry out the investigation and

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