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Dissertations / Theses on the topic 'International Criminal Court (ICC)'
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1
Talebpour, Mansour. "Impunity and the International Criminal Court (ICC)." Thesis, SOAS, University of London, 2012. http://eprints.soas.ac.uk/15620/.
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Nerland, Krista. "Trying the Court : an assessment of the challenges facing the ICC in Uganda and Darfur." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112509.
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The ICC, which came into force in 2002, was held up by human rights activists as a force that would transform a culture of impunity into a culture of accountability. However, after five years of activity, the evidence suggests that the Court's effect has been mixed. Its ability to achieve retributive justice, broader reconciliation and restorative justice, as well as to deter future offences and promote peace has been variable, at best. Despite the Court's claim that politics are not its job, political missteps and support are adversely affecting the work of a judicious Court. Using the cases of Uganda and Darfur, this paper argues that the most significant factors impacting the Court's ability to achieve the four aims outlined are its lack of enforcement capacity, lack of international political will, the result of geo-political interests and concerns over the norm of state sovereignty, and lack of attention to political context by the Court itself.
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Kramer, Amanda L. "Deconstructing Newspaper Representations of the International Criminal Court." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/22855.
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This thesis employs a social constructionist perspective to analyze constructions of the International Criminal Court (ICC), specifically (1) the notion of impunity; (2) the presence of a critical analysis; and (3) the connection between state support/opposition and favourable/negative portrayals of the Court. The theory chapter focuses on the propaganda model’s main premise that “media serve the interests of that state … framing their reporting and analysis in a manner supportive of established privilege and limiting debate accordingly” (Herman & Chomsky, 1998, p.32). A thematic qualitative content analysis and several tools of grounded theory deconstructed 1,982 articles collected from The Globe and Mail, The Toronto Star, The New York Times, and The Washington Post. Overall, the newspapers contained a high level of support for the propaganda model’s main assertions. Some of these conversations were quite limited and/or biased; specifically, American newspapers manipulated debates to justify American opposition to the Court.
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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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Ullrich, Leila. "Schizophrenic justice : exploring 'justice for victims' at the International Criminal Court (ICC)." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:8d73d52b-9cd6-4d06-b613-69b0827aa03e.
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This thesis examines how the promise and institutionalization of 'justice for victims' has shaped the ICC's justice vision and identity. Drawing on interviews with 90 practitioners in The Hague, Kenya and Uganda, it undertakes a sociological and institutional analysis of how 'justice for victims' has evolved in the Court's first two decades through the definitions and redefinitions, pushes and pulls, strategies and miscalculations of the Court's diverse actors both in The Hague and in the field. It argues that the introduction of 'justice for victims' has led to a rift within the Court between those who embrace a narrow understanding of justice as 'fair trials' and those who see the ICC as an opening for broader justice processes. These rifts and gaps are reinforced by the Court's actors in the field such as victims' lawyers and intermediaries who sometimes assume political advocacy roles beyond what the Court's judges envisaged or follow their parochial interests on the ground. While the ICC's judges have increasingly curtailed victim participation and reparation in the court room, the Court's practices on the ground reflect an uneasy fusion of legal justice, development, local and national politics with a proliferation of new justice concepts including 'transformative justice' and 'gender justice'. So far, these justice contestations have not chipped away, much less undermined, the Court's legitimacy. Rather, the Court has thrived on its justice contradictions; its failure to commit to any particular justice vision while loosely relating to all possible visions, has made the Court impervious to critique. But the thesis will also show that 'justice for victims' at the ICC is schizophrenic: it is inherently unstable and its contradictory dynamics may at some point rip the concept apart - and with it the Court's legitimacy.
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Olubokun, Charles Oluwarotimi. "The future of prosecutions under the International Criminal Court." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11075.
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This thesis examines prosecutorial challenges of the International Criminal Court (ICC/the court) in relation to the dwindling legitimacy prosecuting under Article 5 of the Rome Statute and other relevant international law principles. The study attempts a prognosis of the future shape of ICC prosecutions in light of the challenges and proposes reforms to the operations of the Court and its constitutive instrument to improve the dispensation of justice. The focus of the study is substantive international criminal law, developments in relevant case laws of international courts and tribunals, structure and procedures of the ICC and relevant principles within the context of elements of the Crime of genocide, crimes against humanity, war crimes and the Crime of aggression. The thesis further evaluates the role of the Court as it ensures international cooperation with domestic efforts to promote the ‘Rule of law’, uphold the principles of international humanitarian law, human rights law and combat impunity being the first permanent treaty-based international criminal court with the intent and purpose of ending impunity for perpetrators of the most serious crimes of concern to the international community and thus contributes to the prevention of such crimes. Additionally, the International Criminal Court advances international criminal justice, particularly with regard to victims by providing not only legal justice but also participation in the process and restorative justice to rebuild the society after mass violence. The thesis is an analysis of the prosecutorial challenges at the International Criminal Court, using its legal framework and jurisprudence to establish facts and reach new conclusions.
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Bådagård, Lovisa. "The Gatekeeper of the ICC : Prosecutorial strategies for selecting situations and cases at the International Criminal Court." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-283406.
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Muwanguzi, Robert Mugagga. "The historical path of the crime of aggression and the first ICC review conference." University of the Western Cape, 2011. http://hdl.handle.net/11394/5396.
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Magister Legum - LLMObjective of the study – The primary goal of this research study was to investigate and document the evolution and historical development of the crime of aggression. Design / methodology / approach – The research study was primarily a desk-top based research by design and methodology. It reviews a range of published books, expert commentaries, and journal articles that provide theoretical and practical research on the evolution and development of crime of aggression through the past centuries to the present day. The discussion is majorly premised around key historical debates and events that shaped, and defined the rubric of the crime of aggression. These include: the philosophers' conceptualisation of the doctrine of "just war" or "unjust war", states' practice before and after the First World War and Second World War, the International Military Tribunals, the birth and role of the United Nations, the 1998 Rome Conference and the 2010 Kampala ICC Review Conference. Findings – This study provides information on each author's perspective on the status of the crime of aggression before and after the First ICC Review Conference. The study generally concedes that although today the crime of aggression is defined under the Rome Statute, and the jurisdiction of the ICC over it spelt out; its status under the treaty regime remains distinctly different from that under international customary law. Significance of the study – The significance of this research study lies in the fact that it is useful with regard to documenting the historical development of the crime of aggression. It also fulfils an identified need to clarify the position of the crime of aggression after the landmark First ICC Review Conference that took place in Kampala during May / June 2010. Study type – Postgraduate university Master of Laws research paper.
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Mabtue, Kamga Mireille. "Terrorism and International Criminal Court : the issue of subject matter jurisdiction." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/26659.
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Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism.Dissertation (LLM)--University of Pretoria, 2011.
Public Law
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Junck, Christoph. "Die Gerichtsbarkeit des Internationalen Strafgerichtshofs : Vorbedingungen und Auslösemechanismen nach dem Römischen Statut vom 17. Juli 1998 /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/505972980.pdf.
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Watkins, Laura-Jane. "Evaluating South Africa's Proposed Withdrawal from the ICC: A Way Forward?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6258.
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Magister Legum - LLM (Criminal Justice and Procedure)Since 2009, the first permanent international criminal court's operation is known to be marked by diplomatic tension between the African Union (AU) and the ICC. A host of African member states have called for African states parties to withdraw en masse from the International Criminal Court (ICC). On the 19th October 2016, South Africa's Minister of International Relations and Cooperation, without prior parliamentary approval, deposited an official notice of withdrawal from the ICC in terms of Article 127(1) of the Rome Statute. The Pretoria High Court, however, in Democratic Alliance v Minister of International Relations ruled the notice instrument to be "unconstitutional and invalid." This research paper evaluates South Africa's unsuccessful proposed withdrawal, against the backdrop of AU and ICC tensions. Accordingly, the paper critically evaluates South Africa's reasons for a proposed ICC withdrawal, its subsequent failure and the domestic and international implications of either a future successful withdrawal or South Africa's continued membership. The paper's findings conclude that South Africa's attempted withdrawal was primarily based on the diplomatic breakdown between South Africa and the ICC which arose out of the states party's non-cooperation with an arrest warrant for Sudan's sitting head of state, President Omar Al-Bashir, at the 25th Ordinary Session of the African Union Assembly in Johannesburg, June 2015. It is presented, that South Africa's proposed withdrawal was premature and that any future withdrawal from the ICC will have far-reaching legal and political ramifications. Further, this study reaffirms the need for the country's continued contribution to building a stronger, effective and more universal framework of international criminal justice, domestically and from within the ICC.
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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 - LLMSitting 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 Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute.
German Academic Exchange Service (DAAD)
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Reynolds, Diana Elizabeth. "The prosecution strategy of the ICC office of the prosecutor recast : a hand up not a hand out." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112608.
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The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has taken steps to define and develop its prosecution policies. Review of these policies reveals that the OTP prefers to act on referrals of situations by states and the Security Council, rather than to employ its proprio motu investigatory powers. While the OTP has effectively defined the threshold for the gravity of the crimes that it will prosecute, a number of other discretionary criteria that inform the OTP's exercise of jurisdiction remain undefined. Additionally, the OTP's acceptance of state 'waivers of complementarity' moves in the direction of establishing a quasi-exclusive jurisdiction for the OTP. This thesis will critically evaluate these policies, and propose a recasting of the OTP's prosecution strategy towards the promotion of domestic war crimes prosecutions. It posits that the ICC OTP can act as a catalyst for domestic war crimes prosecutions, by serving in an advisory and support role. The OTP thus has the opportunity to breathe life into the complementarity regime and advance the global struggle against impunity.
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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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Mahony, Christopher. "International crimes prosecution case selection : the ICC, ICTR, and SCSL." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:a390aead-46cb-42bb-baa7-431540692d9d.
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International crimes prosecutions have become more common since 1993, both domestically and at international courts and tribunals. The advance of this norm confronts realist state interests causing debate about the norm's status. Kathryn Sikkink views a norm as cascading when enough states adopt it to cause international influence, without domestic pressure, to procure levels of conformity. This thesis considers the degree of conformity by observing the level of case selection independence to determine whether this norm is cascading. By identifying the jurisdictional and functional elements of case selection independence, I develop a framework for observing the interface between politics and law. While Sikkink errs towards the quantity of international crimes prosecutions, I focus on the quality. This project examines case selection independence at the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, in Uganda. The project considers whether case selection has become more or less independent at these courts - whether the norm of international crimes prosecution has cascaded or contracted. In observing the various case selection independence elements I attempt to explain the observed cascades and contractions at each court. I then consider whether a cascade or contraction occurred during the period of the courts' collective design and function. The research qualitatively observes a cumulative justice contraction. The research observes a combination of factors affecting case selection independence, including shifts in power dynamics between and among weak and powerful states, increasing state sophistication in international court engagement, a shift in jurisdiction triggering actors and forums, and realist state co-option of norm entrepreneurs via endearing explanation of independence-diminishing policies.
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Najafian, Razavi Sam. "Palestine and the ICC : a study in the criteria for statehood and the jurisdiction of the International Criminal Court." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-133597.
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Adem, Seada Hussein. "Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration." University of the Western Cape, 2014. http://hdl.handle.net/11394/4394.
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Magister Legum - LLMThe Palestinian government made an ad hoc declaration accepting the jurisdiction of the International Criminal Court in 2009. Three years later, the Office of the Prosecutor of the International Criminal Court rejected the declaration. It decided that it is not within the competence of the Office of the Prosecutor, but up to the United Nations Secretary General or the Assembly of States Parties, to determine the Statehood of Palestine. This research paper analyses the 2009 Palestinian ad hoc declaration accepting the jurisdiction of the International Criminal Court and the decision of the Office of the Prosecutor. It critically examines the legal basis of the Palestinian ad hoc declaration, the Procedure followed by the Prosecutor and the Statehood issue of Palestine. The study concludes that although there are enough supporting evidences to hold the Palestinian ad hoc declaration acceptable, the approach adopted and the conclusion reached by the Prosecutor are highly questionable in light of the Rome Statute and Conventional law.
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Ba, Oumar. "International Criminal Justice and State Sovereignty: An African Perspective." Ohio University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1290196591.
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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. The experience of most states parties to the treaty is that the Rome Statute will require some form of domestic implementing legislation, even if this is not the normal practice of the state. There is need for co-operation between the Court and state parties on the administration of justice. For the Court to function properly, the immunity of its personnel should be guaranteed and provisions in national constitutions that are incompatible with the Rome Statute should be amended to bring them in conformity with the provisions of the treaty. ... Thus far, South Africa is the only African country that has adopted an implementing legislation domesticating the Rome Statute. Other African countries such as Congo, DRC, Ghana, Nigeria and Senegal have draft bills. There is, therefore, the need for African countries that are state parties to the treaty to positiviely confront the above challnges while incorporating the provisions of the Rome Statute into national law. ... The first chapter is an introduciton. It sketches the background of the study and reviews the materials that will be used for the study. It focuses on several hypothesis and research questions that the study is set out to answer. It highlights the dearth of materials on the implementation of the Rome Statute in Africa. The second chapter analyses the ICC and the emerging international legal system. It discusses the complementarity principle of the Rome Statute and analysis the crimes under the jurisdiction of the Court. The effect of the bilateral immunity agreements signed by states parties to the Rome Statute with the United States of America is also highlighted. The third chapter deals with the ICC and indernational approaches to the implementation of the Rome Statute. This involves discussions on compatibility of the Rome Statute with national constitutions. Approaches adopted by states with regards to specific issues of implementation will also come into focus, followed by discussions on the amendment of constitutions and purposive interpretation as adopted by various states parties to the Rome Statute. The fourth chapter will discuss implications of the Rome Statute for domestic constitutions in Africa. The discussion will focus on immunity from prosecution granted to heads of state and government by constitutions, the surrender of persons to the ICC and sentencing of persons convicted by the Court with regards to their relationship in the implementation of the Rome Statute in Africa. The fifth chapter will be a comparative analysis of impelementation strategies adopted by South Africa, Nigeria and Democratic Republic of Congo (DRC). There will be an analysis of the relationship between the Rome Statute and African human right system. The last chapter is the conclusion with recommendations and arguments on the need for a comprehensive domestic implementation strategy of the Rome Statute in Africa." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
Prepared under the supervision of Professor Lovell Fernandez at the Faculty of Law, University of the Western Cape
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Johanne, Annah. "A critical analysis of some of the legal issues raised by the indictment of president al-Bashir of Sudan by the ICC." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/26664.
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There is a stark regress in the development of international criminal justice, in particular the fight against impunity on the African continent. This study explores various legal aspects that have arisen between Africa and the International Criminal Court (ICC) since the indictment of President al-Bashir of Sudan by the Court. There is a presumption of conflict between some provisions of the Rome Statute, particularly Article 27 and Article 98. The indictment of President al-Bashir ICC has been the epitome of such a presumption. The African Union (AU) is among those opposed to the indictment of President al-Bashir and has requested the Security Council to defer the matter in accordance with Article 16 of the Rome Statute. The regional body has also refused to cooperate with the ICC in the arresting and surrendering of President al-Bashir to the Court on the basis of Article 98. Therefore, this study seeks to critically analyse the indictment of President al-Bashir by the ICC and the AU’s response to the same. The study further explores the legal validity of a deferral by the UN Security Council and the challenges it would will raise. The study also attempts to reconcile article 27 and article 98 of the Rome Statute in the context of President al Bashir’s indictment. In doing so, the study endeavours to weigh the legal elements in both of the arguments offered in support and against the action taken by the ICC. The reason for such a discussion is to investigate the nature of the jurisdiction the Court has upon President al-Bashir by virtue of UN Security Council Resolution 1593(2005), which referred the al Bashir case to the court. The discussion also investigates the nature of the legal obligations on members of the international community including Sudan, to cooperate with the ICC by arresting and surrendering President al-Bashir to the Court. In an effort to garner support for the ICC’s indictment of President al-Bashir, the study also looks at the operation of the principle of complementarity under the Rome Statute and various principles of International Criminal Law that affirm the ICC’s jurisdiction over the situation in Darfur and those principles that speak to the presumed liability of President al-Bashir. Although this study acknowledges the apparent competing demands of justice and peace, it challenges arguments that promote impunity and makes the case for addressing the AU’s concerns relating to the ICC. More importantly, the study suggests that the UN Security Council and the ICC should be consistent and in condemning atrocities wherever they are committed and should be impartial in referring perpetrators of atrocities to the ICC irrespective of their political status. In so doing a clear message may be sent to individuals like President al-Bashir that commission of atrocities will invite international accountability.Dissertation (LLM)--University of Pretoria, 2013.
Public Law
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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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Pia, Christina Kalus. "Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1824_1373278492.
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This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of
the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central
question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of
women&rsquo
s lives in post-conflict societies.
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Murungu, Chacha Bhoke. "Immunity of state officials and prosecution of international crimes in Africa." Thesis, University of Pretoria, 2011. http://hdl.handle.net/2263/25163.
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This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa.Thesis (LLD)--University of Pretoria, 2012.
Centre for Human Rights
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N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.
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History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.
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Adonis, Bongiwe. "Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir." University of the Western Cape, 2011. http://hdl.handle.net/11394/2910.
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Magister Legum - LLMThis paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Council‟s referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen; such as the questions where the ICC‟s jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions.
South Africa
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Yav, Katshung Joseph. "Prosecution of grave violations of human rights in light of challenges of national courts and the International Criminal Court: the Congolese dilemma." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1122.
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"Although the United Nations (UN) has often been pivotal in forging the international response to serious human rights crimes in such settings, the justice gap in countries such as the Democratic Republic [of] Congo (DRC) (the focus of this study) underscores the need for more systematic UN efforts. The war in the DRC has resulted in one of the world's worst humanitarian crisis with over 3.4 million displaced persons scattered throughout the country. An estimated 3.5 million people have died as a result of the war. The armed conflict has been characterised by appalling widespread and systematic human rights violations, including mass killings, ethnic cleansing, rape and the destruction of property. The most pressing need to be addressed is the question of justice and accountability for these human rights atrocities in order to achieve a durable peace in the country and also in the Great Lakes region (Rwanda, Burundi, Uganda, Angola and the DRC, to name just a few). In this respect, this study will address the grave human rights violations committed in the DRC and the mechanisms for dealing with them. It is particularly true in post-conflict situations where justice systems have been either partially or completely destroyed, that national courts are not capapble of arriving at a uniform stance, or willing to provide justice for atrocities in the immediate future. As a result, international justice seems to be a crucial and last resort that must continue to be fortified against efforts to undermine it. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will discuss the state obligations in international law to prosecute gross violations of human rights and gives a summary of the human rights violations situation during the Congolese war. Chapter three will discuss the available naitonal mechanisms for accountaiblity in the DRC. It will discuss if national courts and TRC are able to deal with these atrocities committed in the DRC. Chapter four will analyse the extent to which the ICC could deal with the Congolese case and challenges. Chapter five will discuss the trends towards accountability in the DRC and the way forward. Chapter six will draw a conclusion on how to break the cycle of impunity in the DRC." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. Boukongou Jean Didier and Dr. Atangcho Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Maele, Fostino Yankho. "Legality of the jurisdiction of the ICC over nationals of non-states parties who commit offences within the jurisdiction of the ICC on territories of non-states parties." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4556.
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Magister Legum - LLMThe coming into force of the Rome Statute on the 1st July 2002 signified the birth of the International Criminal Court (ICC). The ICC came into existence as a permanent criminal court for the prosecution of Genocide, Crimes against Humanity, War Crimes and Crime of Aggression. There are 121 states-parties to the Rome Statute. This means there are many states that have not ratified the Rome Statute. The ICC would ordinarily not have jurisdiction over the nationals of these states if they committed offences within the jurisdiction of the ICC on the territories of the non-states parties. This paper intends to analyse whether the ICC has jurisdiction over nationals of non-state parties who commit crimes within the jurisdiction of the ICC on the territories of non-states parties to the Rome Statute. There are situations and cases that are before the ICC involving nationals of non-state parties that committed crimes on territories of non-states parties. These cases have come before the ICC by way of United Nations Security Council (UNSC) referrals. This paper will therefore examine the legality of UNSC referrals under international law in respect of nationals of non-states parties, who commit crimes within the jurisdiction of the ICC, on territories of non-states parties.
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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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Kameldy, Neldjingaye. "Challenging impunity in northern Uganda : the tension between amnesties and the principle of international criminal responsibility." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5448.
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This dissertation intends to analyse the practice of amnesties in the context of grave human rights violations using northern Uganda as a case study. It also examines its consistency with the obligation upon states to protect human rights through the prosecution of perpetrators of the said violations. It will, accordingly, analyse the
implications of the complementary mandate of the International Criminal Court (ICC) to national jurisdictions.
Furthermore, the author also explores the tension which results from national amnesties and the principle of international criminal responsibility, a principle that the ICC has the mandate
to enforce.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Ben Kiromba Twinomugisha of the Faculty of Law, Makerere University, Kampala, Uganda.
http://www.chr.up.ac.za
Centre for Human Rights
LLM
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Nielsen, Magnus Rynning. "Transcending the "peace vs. justice" debate: a multidisciplinary approach to transitional justice (sustainable peace) in Northern Uganda after the International Criminal Court’s involvement in 2004." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4364.
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Thesis (MA (Political Science))--University of Stellenbosch, 2010.ENGLISH ABSTRACT: Based on the work of leading theorists within peace and conflict studies, this thesis develops a theoretical framework in order to analyse the seemingly deadlocked ‘peace vs. justice’ debate to explore the possibility of expanding the perspectives in a combined approach. It finds that the debate is based on a narrow perception of both concepts, where they are perceived as negotiations and punishment respectively. Only through applying such a combined approach is it thereby possible to move beyond this current situation. This theoretical framework is then applied on the case of the ongoing conflict in Northern Uganda, where the empirical aspects of this debate have lasted for the longest period of time since the International Criminal Court’s involvement in 2004. With basis in the Juba peace agreement from 2008 that would have balanced retributive and restorative forms of justice, this study finds that the only way to create sustainable peace is by striking a balance between the transitional justice mechanisms of the ICC, conditional amnesties and more traditional forms of justice in the affected communities in Northern Uganda.
AFRIKAANSE OPSOMMING: Op grond van die werk van voorste teoretici op die gebied van vrede- en konflikstudie, ontwikkel hierdie tesis teoretiese raamwerk vir die ontleding van die oënskynlik vasgevalle debat tussen vrede en geregtigheid, ten einde die moontlike verbreding van perspektiewe met behulp van 'n gekombineerde benadering te ondersoek. Die studie bevind dat die debat tussen vrede en geregtigheid op 'n baie eng opvatting van dié twee konsepte berus, naamlik dié van onderhandeling en straf onderskeidelik. Slegs deur 'n gekombineerde benadering toe te pas, is dit dus moontlik om die huidige toedrag van sake te bowe te kom. Die teoretiese raamwerk van die studie is vervolgens op die voortslepende konflik in Noord-Uganda toegepas, waar die empiriese aspekte van dié debat steeds sedert die betrokkenheid van die Internasionale Strafhof in 2004 voorkom. Met die Juba-vredesooreenkoms van 2008 as uitgangspunt, wat veronderstel was om 'n balans te vind tussen vergeldende en herstellende vorme van geregtigheid, bevind dié studie dat volhoubare vrede slegs bereik kan word deur 'n gebalanseerde kombinasie van die Internasionale Strafhof se oorgangsgeregtigheidsmeganisme, voorwaardelike amnestie, en meer tradisionele vorme van geregtigheid in die geaffekteerde Noord-Ugandese gemeenskappe.
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Materu, Sosteness F. "The prosecution of international crimes in respect of the Democratic Republic of the Congo : critical evaluation of the factual background and specific legal considerations." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5628_1307603309.
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The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.
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Grebenyuk, Iryna. "Pour une reconstruction de la justice pénale internationale : réflexions autour d'une complémentarité élargie." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D066.
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Selon la lecture classique du principe de complémentarité, le Statut de Rome confère à la CPI une fonction purement supplétive : elle n’a vocation à intervenir que si l’ordre juridique national, ayant la compétence prioritaire sur le crime international, est défaillant. La présente thèse part de l’insuffisance de cette lecture et propose d’élargir la définition de la complémentarité pour la fonder sur l’idée d’interaction et de partenariat des ordres juridiques international et national, et, ce faisant, plaide pour une reconstruction de la justice pénale internationale s’appuyant sur une nouvelle répartition du contentieux des crimes internationaux à la fois légitime et efficace. À cette fin, dans l’ordre international, l’auteur préconise, d’un côté, d’instaurer une primauté sélective de la CPI pour les hauts dirigeants étatiques ayant conçu et dirigé le dessein criminel, et d’un autre côté, pour le contentieux ne concernant pas ces auteurs, d’impulser une nouvelle dynamique de complémentarité qui permettrait d’associer l’État à la procédure menée par la CPI, grâce à une dissociation des phases du procès (dissociation enquête/poursuite ou jugement sur la culpabilité/prononcé de la peine). Dans l’ordre étatique, il conviendrait de renforcer la mise en œuvre de deux perspectives conjointes : d’une part, devrait être confortée la restauration de la paix sociale grâce à des commissions de vérité inspirées de la théorie de justice restaurative ; d’autre part, devraient être diversifiés les mécanismes de lutte contre l’impunité consistant à recourir à la justice accélérée (plaidoyers de culpabilité, pratiques ancestrales) ainsi qu’à la technique des juridictions hybridesAccording to the traditional understanding of the principle of complementarity, the Rome Statute gives the ICC a purely auxiliary function: it should intervene only if the national judicial system, which enjoys jurisdictional priority to prosecute international crimes, has failed. The thesis draws away from this unsatisfactory reading. It suggests expanding the definition of complementarity to base it on the concept of interaction and partnership between the international and the national legal orders. In doing so the thesis calls for a new distribution of international criminal cases that would be both legitimate and effective. It would be the foundation to rebuild international criminal justice. To this end, at the international level, the author recommends to establish the selective primacy of the ICC to prosecute senior state leaders who conceived and directed the criminal plan, whereas new dynamics of complementarity are suggested to judge the other perpetrators. It would involve the State in the proceedings conducted by the ICC, by dividing the stages of the trial (dissociation of the investigation/prosecution or judgment/sentencing). At the national level, the author recommends to strengthen two joint approaches. On the one hand, the restoration of social peace should be strengthened through truth commissions inspired by the restorative justice theory. On the other hand, the diversity of the mechanisms to fight impunity such as expeditious procedures (guilty pleas, traditional practices) and the use of hybrid courts should be fostered
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Alendal, Oscar. "Aggressionsbegreppet : En komparativ studie av Förenta nationernas stadgas och Romstadgan för den Internationella brottsmålsdomstolens aggressionsbegrepp." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-342031.
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I och med Romstadgan för den internationella brottmålsdomstolen (nedan Romstadgan) finns nu, för första gången, en juridiskt bindande definition av begreppet aggression, vilken baseras på Förenta Nationernas stadga (nedan FN-stadgan) artikel 2(4). Romstadgan utgör grunden för att Internationella brottmålsdomstolen (nedan ICC), i efterhand, ska kunna utkräva ansvar av en fysisk person för aggressionsbrott. Förenta Nationerna (nedan FN) har till uppgift att bevara freden, genom att agera mot staters aggressionshandlingar, framför allt i preventivt syfte och efter beslut av säkerhetsrådet. Det är intressant att jämföra FN-stadgan och Romstadgans aggressionsbegrepp för att på så sätt förstå hur begreppet aggression behandlas i internationell rätt, både i relationer mellan stater och då fysiska personer ska hållas rättsligt ansvariga för aggressionsbrott. Det är också värdefullt att förstå hur de två definitionerna kan påverka varandra och vad det kan föra med sig för fördelar och nackdelar. I denna uppsats behandlas FN-stadgans och Romstadgans aggressionsbegrepp i en komparativ studie, en viktig slutsats är att det finns skillnader mellan de båda stadgorna. I uppsatsen ges inledningsvis en historisk inblick i aggressionsbegreppets utveckling, som underlag för den efterföljande behandlingen, där FN-stadgans och Romstadgans begrepp aggressionshandling utreds. Därefter behandlas begreppet aggressionshandling enligt FN-stadgan. Utredningen följer Wienkonventionen om traktaträttens allmänna tolkningsregel. Först görs en tolkning av begreppet aggressionshandlings ordalydelse, i enlighet med FN-stadgans systematik. Sedan redogörs för hur begreppet tolkats av relevanta FN-organ och i staters praxis. Generalförsamlingens aggressionsdefinition, i resolution 3314, gås igenom och kritiseras till viss del, då den inte ger en tydlig avgränsning av vad aggressionsbegreppet innefattar. Generalförsamlingens resolution 3314 är dock central och används därmed, som grund för vidare behandling i uppsatsen där resolutionen också jämförs kritiskt med andra FN-organs praxis och med FN-stadgans lydelse. Uppsatsen visar att begreppet aggressionshandling har givits en vag formulering i FN-stadgan och att vad som anses innefattat i begreppet också skiljer sig något mellan de olika FN-organen. Hos FN-organen finns dock den gemensamma kärnan att, som aggressionshandling anses den första våldsanvändningen i en stats internationella relationer genomförd med ett specifikt aggressivt uppsåt. Uppsatsen utreder sedan kritiskt Romstadgans aggressionsbegrepp och dess olika delar varvid viktiga skillnader mot FN-stadgan behandlas. Ett specifikt aggressivt uppsåt saknas i Romstadgan och kan inte heller läsas in i denna, då det skulle gå emot Romstadgans ordalydelse och systematik. Romstadgan ser därmed inte heller ett specifikt aggressivt uppsåt, som en försvårande omständighet, utan Romstadgan ser enbart till det använda våldets allvar och omfattning. Vidare så innehåller Romstadgan en tröskel, i syfte att utesluta en legal gråzon från ICCs jurisdiktion, vilken saknar motsvarighet i FN-stadgan. Romstadgan utesluter därmed genom sin lydelse våldshandlingar, som inom delar av den folkrättsliga doktrinen, anses befinna sig inom en gråzon av jus ad bellum. I slutsatserna sammanställs sedan de huvudsakliga skillnaderna mellan aggressionsbegreppen enligt FN-stadgan, FN-organen och Romstadgan och en utredning görs av de fördelar respektive nackdelar och risker, som dessa skillnader medför samt hur skillnaderna påverkar varandra. Författaren finner att det föreligger betydande skillnader då specifikt aggressivt uppsåt saknas i Romstadgan samt då Romstadgans tröskelvärde syftar till att utesluta den legala gråzonen inom jus ad bellum. Vidare anser författaren att dessa skillnader riskerar att urholka FN-stadgans våldsförbud och således i framtiden riskera att gynna starka våldsbenägna stater på svaga staters bekostnad.The Rome Statute for The International Criminal Court (henceforth The Rome Statute) now provides, for the first time, a legally binding definition of the concept of Aggression. The definition is based on the United Nations Charter (henceforth The UN Charter) article 2(4). The Rome Statute is the foundation on which the International Criminal Court (henceforth ICC) can prosecute individuals on crimes of aggression post the events. The United Nations (henceforth UN) has the charter to sustain the peace through acting against the acts of aggression of nations, primarily preventively and based on resolutions by the Security Council. It is interesting to compare the UN Charter and the Rome Statute definition to understand how the concept of aggression is used in international law, both in relations between nations and when individuals shall be held accountable for crimes of aggression. In addition, it’s valuable to understand how the two definitions can impact each other and what the implications might be of similarities and differences. Hence, this thesis is a comparative study of the concept of aggression in the UN Charter and the Rome Statute. One key conclusion is that there are significant differences in how the aggression is defined in the two documents. The use and development of the concept Aggression is first accounted for in a historic context as a foundation for the comparative study. Then, acts of aggression in the UN Charter is thoroughly investigated in three steps. The investigation is carried out in accordance with the Vienna Convention on the Law of Treaties. Firstly, through an interpretation of acts of aggression in accordance with the ordinary meaning of the term in the context of the UN Charter. Secondly through an investigation of the interpretation in relevant UN bodies and in the practice of nations. Thirdly, the definition of the UN General Assembly, resolution 3314, is investigated and criticised as it does not offer a sufficiently clear delimitation of the concept of aggression. Resolution 3314 is, however, of key importance and is used subsequently as an element of comparison. The resolution is also compared with the practice of other UN bodies and the wording of the UN Charter. The thesis proves the that aggression has a vague definition in the UN Charter and that the scope of the concept is different in different UN bodies. However, common to all UN Bodies is to define aggression as the first use of force with a specific aggressive intent in international relations. Following on UN, the thesis provides a critical investigation of the concept of aggression in the Rome Statute where key differences relative to the UN Charter are accounted for. The Rome Statute lacks specific aggressive intent and such cannot be made part of the interpretation as it would the statutes wording and systematics. Thus, the Rome Statute does not regard a specific aggressive intent aggravating but looks solely to the gravity and scale of the force used. In addition, the Rome Statute includes a threshold with the purpose of excluding a grey zone from the jurisdiction of ICC. Such grey zone does not exist in the UN Charter. The implication of this is that the Rome Statute excludes acts of violence that, among some international lawyers, are regarded to be in a grey zone of jus ad bellum. The conclusions include a summary of the main differences across the UN Charter, different UN Bodies and the Rome Statute. That leads into a discussion on the potential advantages and drawbacks that come out of these differences plus potential effects of the reciprocal influence. The key element of this discussion is that aggressive intent is missing in the Rome Statute and that the statute’s threshold aims to exclude the legal grey zone in jus ad bellum. The thesis concludes that these differences risk to weaken the prohibition of the use of force in the UN Charter and, as a consequence, that this may favour strong and aggressive nations at the expense of smaller and weaker nations.
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Kurth, Michael E. "Das Verhältnis des Internationalen Strafgerichtshofs zum UN-Sicherheitsrat : unter besonderer Berücksichtigung von Sicherheitsratsresolution 1422 (2002) /." Baden-Baden : Nomos-Verl.-Ges, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/513281061.pdf.
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Jones, Annika. "International criminal adjudication, judicial cross-referencing and the international criminal court." Thesis, University of Nottingham, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602724.
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As a result of the expansion and development of international law and the proliferation of international courts and tribunals, judges working in different institutions are increasingly coming to encounter similar issues of law and fact. Consequently, new opportunities have arisen for judicial cross-referencing at the international level, raising the question of when and how judges should use the decisions of other institutions in the course of their decision-making. This thesis examines the use of judicial decisions at the International Criminal Court (lCC). The Court operates as part of a wide institutional framework which responds to the commission of mass atrocity. Many of the issues that arise before the Court will already have been considered by other judicial institutions at the international, regional and domestic levels. The thesis sets out the parameters for judicial crossreferencing at the ICC, taking into consideration developments within the international legal order regarding the sources of international law, treaty interpretation and international fact-finding, and the benefits and risks associated with judicial interaction in the international criminal context. It looks at how judicial decisions should be· used in the identification of international law at the ICC, the interpretation of the Rome Statute and the establishment of the facts underlying the charges. It then turns to consider the approach that has been taken to judicial cross-referencing in the early years of the Court's operation through the use of two empirical methods: interviews with judges and legal officers of the ICC and content analysis of the decisions of the Court in the case of Prosecutor v. Thomas Lubanga Oyi/o. Drawing upon Hart's idea of primary and secondary rules, the research also reflects upon the extent to which the secondary rules of international law - rules which determine how international law's primary obligations are identified, adjudicated and changed over time - accommodate the practice of judicial crossreferencing at the ICC. It is argued that judicial decisions have a strong role to play in the interpretation of the Rome Statute and the identification of international law beyond its provisions. Judicial decisions offer a source of inspiration and guidance for judges as they encounter gaps and ambiguities in the law. By interacting with other courts and tribunals, judges at the ICC can enhance the certainty and stability of international law and support its coherence as similar rules and principles come to be applied by a range of different judicial institutions. It is argued that greater caution should be exercised when cross-referencing in matters of fact due to the attendant risks for the rights of the accused in the international criminal context. The results of the empirical study show that judicial decisions have been referred to frequently in the early years of the Court's operation. In practice, judicial decisions have a far greater significance than they have been attributed in the ICC's secondary rules of international law. It is concluded that there is need for a more elaborate body of secondary rules of international law which accurately reflects the important role that judicial decisions have come to play within the international legal order. ii
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Gallavin, Christopher. "The International Criminal Court : friend or foe of international criminal justice?" Thesis, University of Hull, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418822.
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Zhu, Dan. "China and the International Criminal Court." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/15977.
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This thesis focuses on the relationship between China and the International Criminal Court (hereinafter ‘ICC’ or ‘the Court’). China has long been supporting the establishment of a permanent international criminal court. It actively participated in every stage of the negotiating process leading up to the adoption of the Rome Statue but chose to cast a negative vote at the end of the Rome Conference in 1998. There were several reasons stated by the Chinese delegation at that time for not joining the ICC, which were all framed in legal terms. However, there have been significant developments both in the Rome Statute itself and in practice since these Chinese objections were first articulated. The ICC has now functioned as an international adjudicative body for more than ten years. Some of the issues of concern to China have been, in one way or another, addressed through the jurisprudence of the ICC during its existence, and also through the practice of the Security Council in relation to the ICC. More significantly, all the amendments adopted at the Kampala Review Conference in 2010, in particular the crime of aggression amendment, directly or indirectly addressed China’s pre-existing concerns towards the Rome Statute. In addition, some of the Chinese reservations over the core crimes under the ICC’s jurisdiction relate to fields of customary law that have undergone rapid developments in the past two decades. This thesis takes China’s concerns both individually and as a whole to examine them from the legal perspective in light of all the above-mentioned developments. It argues that those specific objections are not as robust as they first appeared in the 1990s, and should no longer be regarded as a significant impediment to China’s accession to the Rome Statute. The ICC is part of a broader landscape of international courts and tribunals. This thesis therefore also examines the substance of the specific concerns of China towards the ICC in light of China’s engagement with international judicial bodies, and some of the traditional concerns that have had an impact on that engagement. Traditionally the Chinese government shunned participation in international adjudication, adhering to diplomatic negotiations for the settlement of whatever disputes it was embroiled in. However, since the 1990s, during and even after the ICC negotiations, there has been an increasingly greater Chinese engagement with international judicial or quasi-judicial bodies, with the exception of the UN human rights treaty bodies. The work undertaken in this thesis investigates the ways in which China has characterised the ICC as a human rights court of the traditional kind. This thesis argues that the ICC is distinct from UN human rights treaty bodies, and that China’s progressively wider engagement with international judicial bodies should not be hindered by a miscalculation of putting the ICC in a ‘human rights box’. This thesis concludes that the significant developments in both the specific ICC context and in the wider context (of China’s engagement with international judicial bodies) point to a need for the Chinese authorities to reassess and reconsider its position towards the ICC. Were the Chinese authorities to make a re-evaluation and decide to move towards full participation in the ICC, it would reinforce certain values of importance to China.
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Bielen, Carter. "International Obligations and the International Criminal Court: An Analysis." Thesis, Boston College, 2013. http://hdl.handle.net/2345/3021.
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Thesis advisor: David RasmussenThis thesis begins by analyzing three different philosophies on human rights. It looks to the foundations of these theories, but focuses primarily on the obligations that each system creates. It evaluates cosmopolitanism and two different institutionalist arguments, eventually settling on a tiered system of international responsibility as the strongest and most practical conception of rights. The second chapter of the thesis discusses the role of the International Criminal Court as a part of this tiered system, and as a means to promote human rights across the globe. This section evaluates the court by considering its historical foundations, its goals and responsibilities, and its actions over the past ten years. It concludes by providing recommendations for the future of the court
Thesis (BA) — Boston College, 2013
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
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Hill, Gina Erica. "Gender in the international criminal court negotiations." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ58689.pdf.
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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 anhand der gängigen Interpretationsmechanismen sowie der bisherigen Rechtsprechung erläutert. Da die Auslegung der Normen aufgrund der teilweise sehr weiten Fassung der Normen und der fehlenden Rechtsprechung weitestgehend ungeklärt war und zum großen Teil immernoch ist, stellt die Erläuterung der Auslegungsmöglichkeiten einen Schwerpunkt der Arbeit dar. Es erfolgt sodann eine Auseinandersetzung mit der Frage, inwieweit die bestehenden Regeln auf der einen Seite den Wünschen und Erwartungen der Geschädigten entsprechen, und inwieweit sie auf der anderen Seite mit den Rechten der Angeklagten und übergeordneten Interessen in Übereinstimmung zu bringen sind. Es werden Alternativen zum Internationalen Strafgerichtshof untersucht. Die Arbeit zeigt im Ergebnis Möglichkeiten und Grenzen der sogenannten Opferbeteiligung auf und erarbeitet Verbesserungsvorschläge zu dem derzeit bestehenden Modell.When the Rome Statute for the International Criminal Court was adopted in 1998, one of its innovations was that victims were granted an active role in the proceedings. This thesis is among the first to focus on the International Criminal Court’s power to enable victims to take part in the proceedings. It provides a comprehensive analysis of the legal framework of the participation system, taking into account relevant Court decisions. The study examines the position of victims in international criminal law, especially their rights to participate in all stages of the proceedings. It further explores to which extent the rules of the International Criminal Court correspond to the victims’ needs and wishes and on the other hand how the rules can be reconciled with the rights of the accused and other interests. The extent to which the ICC, as a criminal court, can and will at all help victims to overcome the consequences of war crimes. It will finally be reflected on some possible alternatives.
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Aivo, Gérard. "Le statut de combattant dans les conflits armés non internationaux : etude critique de droit international humanitaire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30053.
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Avant les Conventions de Genève de 1949, seuls les conflits armés internationaux étaient réglementés par le droit de la guerre. Ce dernier ne pouvait s’appliquer dans les guerres civiles qu’après la reconnaissance des forces rebelles comme partie belligérante. Or, depuis la Seconde guerre mondiale on a assisté à une multiplication des conflits armés non internationaux. Mais les Conventions de Genève de 1949 leur ont consacré seulement l’article 3 commun ; puis le Protocole II additionnel de 1977 est venu le compléter. Ces deux textes comportent de nombreuses lacunes, notamment l’absence de définition des « combattants » et des « civils », rendant ainsi difficile le respect du principe de distinction pourtant essentiel à la protection des populations civiles. Ces dispositions ne réglementent pas non plus les moyens et méthodes de guerre. Outre les lacunes normatives, il y a des problèmes matériels qui compliquent la mise en œuvre efficace des règles pertinentes. Il s’agit notamment de la participation des populations civiles aux hostilités, y compris les enfants-Soldats et les mercenaires. L’absence du statut de combattant dans les conflits armés non internationaux apparaît comme le problème principal compromettant l’efficacité du DIH. Celle-Ci ne contribue-T-Elle pas au non respect de ce droit par les groupes armés ? Faudrait-Il conférer ce statut à ces derniers en vue de les amener à appliquer le droit international humanitaire ou envisager d’autres moyens ? Lesquels ?Before the Geneva Conventions of 1949, only the international armed conflicts were regulated by the law of the war. This last one could apply in the civil wars only after the recognition of the rebel forces as belligerent party. Now, since the Second World War we attended an increase in non-International armed conflicts. But the Geneva Conventions of 1949 dedicated them only the common article 3; then the additional Protocol II of 1977 came to complete it. These two texts contain numerous gaps, in particular the absence of definition of the "combatants" and the "civilians", making so difficult the respect for the principle of distinction nevertheless essential for the protection of the civil populations. These rules do not regulate either the means and the war methods. Besides the normative gaps, there are material problems which complicate the effective implementation of the relevant rules. It is in particular about the participation of the civil populations in the hostilities, including the children-Soldiers and the mercenaries. The absence of combatant's status in the non-International armed conflicts appears as the main problem compromising the efficiency of the international humanitarian law. Does not this one contribute to the non compliance with this law by the armed groups? Would it be necessary to confer this status to these last ones to bring them to apply the international humanitarian law or to envisage the other means? Which one?
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Wallentine, Kevin. "In Pursuit of Justice: Strengthening the International Criminal Court." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/448.
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Current opinion pieces ask broad questions such as "Is the ICC worth it" while only focusing on a specific aspect of the ICC such as its budget or the work of the Office of the Prosecutor. Given the incredibly complex nature of human rights violations as well as the difficulty in assembling an international regime to deal with them, answering such questions requires a more complete analysis of the Court's functions, dynamics, and predecessors.
The background chapter that discussed trends in international judicial organizations leading up to the creation of the ICC examined the Nuremberg International Military Tribunal, the interregnum national commissions, the Spanish Universal Jurisdiction system, the International Criminal Tribunal for the Former Yugoslavia, and the Inter-American Court of Human Rights, addressing key pitfalls that such organizations faced (including victors' justice and unilateralism) while noting how the ICC's policies and structure differed from its predecessors'.
The dynamics chapter highlighted eight key elements currently affecting how the Court works– the member states who have ratified the Rome Statute, the Court's ability to apprehend criminals, the international response to ICC actions, how prosecutions may be initiated, the explicit and implicit functions of the Court, its consensus policymaking, the Court's budget and finances, and the role of the United States.
With these dynamics in mind, the policy alternatives chapter recommended three actions that could serve to strengthen the ICC's capabilities – increasing its member states, increasing compliance with its warrants through different types of international agreements, and increasing its budget to be able to handle more cases. Following these policy alternatives to their likely outcomes in the policy forecast section, I analyzed how they would affect the ICC's effectiveness, its ability to gain more member states, and the member states themselves. Through this more comprehensive analysis that takes into account the external and internal factors affecting the ICC, this thesis offers realistic ways that the ICC can improve its capabilities and achieve its mission of ending impunity for war criminals.
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Rosen, Brian. "From the outside in shaping the International Criminal Court /." Santa Monica, CA : RAND, 2007. http://handle.dtic.mil/100.2/ADA487660.
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Radosavljevic, Dragana. "International criminal court, surrender of accused persons and transfer of criminal proceedings." Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/92714/international-criminal-court-surrender-of-accused-persons-and-transfer-of-criminal-proceedings.
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The present research focuses on analysing the judicial uncertainty in the implementation, interpretation and application of the ICC Statute both in international and national arenas. In this context examined are the parameters of state sovereignty as the main source of theoretical as well as practical contemporary debate on the relationship between lex specialis character of ICC norms and domestic legal regimes. Varying and frequently inconsistent degrees of international and national compliance with international criminal law due to the multiplicity of legal regimes are scrutinised by analysing the relationship between national and ICC measures with regard to aspects of pretrial proceedings, such as surrender of accused persons and transfer of criminal proceedings, rights of suspects and defendants as well as some aspects of sentencing in so far as they affect the prima facie jurisdiction. One of the main objectives of the ICC Treaty is to advance the unification of international criminal law. Whilst it may be contended that this body of law is acquiring a great degree of specificity and uniformity in content through the Statute, both its development and importantly its scope are fundamentally reliant on interpretation and application at national level; it is here that international criminal law is fragmented. Consequently, its understanding and enforcement are inconsistent. The ICC Statute presents issues that are the result of the fusion of common and civil law traditions as well as a blend of diverse criminal laws within each one of those systems. Distinguishing between Anglo-American and Continental European criminal procedures has become increasingly complex and transgressed. Such blend of legal traditions, whilst it must ensure that justice is rendered with equality, fairness and effectiveness, generates nevertheless everincreasing lack of legal orientation. The aim of this pastiche is therefore to establish an international, uniform standard across contemporary justice systems. However, the application of the ICC provisions will depend on particular method of implementation of the Rome Treaty into domestic law, local political situation, the nature of a conflict (armed conflict is where most of the ICC crimes are likely to occur), any peace process involving regional amnesties and pardons and domestic policies and rules on sentencing. The general perception of the ICC and the law it represents is that of a powerful, centralised regime. Contrary to this belief, a proposition is made here for a less hierarchical international criminal justice that is fundamentally reliant upon national courts and law enforcement agencies. Such a proposition emphasises the need for the ICC involvement at a local level. In this context, the thesis sets out to clarify the ICC law and related Statute enforcement issues.
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Gesase, Arnold Ainory [Verfasser]. "Reparations in International Criminal Prosecutions: The Congo Situation at the International Criminal Court / Arnold Ainory Gesase." Berlin : Freie Universität Berlin, 2019. http://d-nb.info/1196622930/34.
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Islami, Someʾa Reza. "The need and prospects for an international criminal court." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26204.
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The various forms and manifestations of international and transnational criminality require a comprehensive approach by the international community from which effective strategies of prevention, control, and suppression can follow. This thesis argues that the establishment of an ICC in the 1990s, especially due to the end of the Cold War and recent wars in the Persian Gulf and in Bosnia and Herzegovina, would provide an effective means of dealing with international and transnational criminality, and, without deflecting domestic concentration on law enforcement, would be a complementary and incremental effort, which would enhance overall criminal justice enforcement. This study analyzes past efforts to establish an ICC, discusses arguments for and against the creation of an ICC, and addresses several questions concerning the implementation of the court, including questions related to state sovereignty and jurisdictional bases for an ICC, crimes within the court's jurisdiction, applicable substantive and procedural law, and practical concerns relating to the court's structure, composition, and facilities. Although an ICC admittedly would not be a perfect solution to problems of international criminality, the thesis advances the view that it must not be approached with a negative attitude, but rather with a view towards making more effective the benefits such a court would provide.
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Conlogue, Andrew James. "Bosco Ntaganda, Sylvestre Mudacumura, and the International Criminal Court." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297544.
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This thesis examines the situation in the Democratic Republic of the Congo’s Kivu provinces and the role of the International Criminal Court in quelling the violence there. The two men under examination, Bosco Ntaganda and Sylvestre Mudacumura, are both leaders of rebel factions that are wanted for war crimes by the ICC. This work details the history that led to the present conflict and presents other examples of ICC activity, such as the warrants issued for members of the Lord’s Resistance Army of Uganda, to examine the proper course of action for those who seek justice in the area. In addition, this thesis covers the role of outside forces, principally the government of Rwanda, in the conflict. Finally, recommendations are presented on how all players should respond to the International Criminal Court’s warrants. Due to the voluntary detainment of Bosco Ntaganda late in the process of creating this work, there is also a final addendum analyzing this event in the overall structure of the argument.
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Ngane, Sylvia Ntube. "The position of witnesses before the International Criminal Court." Thesis, University of Leeds, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634756.
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This study is on the position of witnesses before the International Criminal Court (ICC) the extent to which they may be subject to the jurisdiction of this international organisation and what this tells us about the system of global governance. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The thesis evaluates the practice of the ICC, the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). The thesis examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC and other international criminal tribunals. The cosmopolitan theory becomes a way of understanding the assertions about international criminal institutions and a way of critiquing their practice and jurisprudence. It is used as an analytical tool to judge the extent to which these courts and tribunals exhibit cosmopolitan features. At the same time the theory is used as a normative framework to guide the permanent ICC in its dealings with witnesses and determine the position of witnesses before the ICC. Through this process the thesis reveals gaps between the theory and practice, recognising that in application and practice things like a cosmopolitan moral court are very problematic. The evidence from these criminal courts and tribunals most especially with regards to the sanctioning of witnesses for false testimony sets out how in an operational sense the assertions about cosmopolitanism are open to challenge. Notwithstanding this challenge, the thesis show how the gap between the theory and practice could be bridged and cosmopolitan features and principles could remain embedded in the permanent ICC.
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Mills, Clare Margaret. "Sovereignty curtailed? : politics, philosophy and the International Criminal Court." Thesis, University of Newcastle Upon Tyne, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445572.
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Candelaria, Jacob. "Europe, the United States, and the international criminal court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003.Thesis advisor(s): Daniel Moran, James Armstead. Includes bibliographical references (p. 59-62). Also available online.