Browsing Department of Criminal Justice and Procedure by Author "Werle, Gerhard"
Now showing items 1-20 of 23
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Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
Dale, Adi Dekebo (University of the Western Cape, 2016)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 ... -
The balancing of competing rights : the right to disclosure at the International Criminal Court
Mwale, Brenda (University of the Western Cape, 2015)It is trite law that an accused person has the right to have adequate time and facilities to prepare his defence. This is one of the fundamental ingredients for a fair trial well-established in both domestic and international ... -
The Boko Haram violence from the perspective of International criminal law
Ojo, Victoria Olayide (University of the Western Cape, 2015)This paper will explore the history of the outbreak of religious related violence in Nigeria and the response of Nigeria and the African Union to the acts of the Boko Haram group both legally and procedurally. The intervention ... -
Corporate criminal responsibility under the Malabo Protocol: A step forward?
Nyirenda, Fannie (University of the Western Cape, 2018)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. ... -
Corruption as a crime within the jurisdiction of the International Criminal Court?
Kling, Florian (University of the Western Cape, 2013)This research paper will examine whether the ICC should de lege ferenda be accorded jurisdiction in respect of the crime of corruption. Through this approach, the paper will contribute to the existing literature on ... -
A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law
Akia, Brenda (University of the Western Cape, 2011)Sexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, ... -
A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court
Orina, Deborah Moraa (University of the Western Cape, 2014)The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for ... -
Domestic prosecution of international crimes in Kenya : a critical analysis
Seda, Darleen (University of the Western Cape, 2015) -
Evaluating South Africa's Proposed Withdrawal from the ICC: A Way Forward?
Watkins, Laura-Jane (University of the Western Cape, 2018)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 ... -
Evaluating the legal framework of the hybrid court for South Sudan
Romano, Taban (University of the Western Cape, 2019)The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was ... -
The historical path of the crime of aggression and the first ICC review conference
Muwanguzi, Robert Mugagga (University of the Western Cape., 2011)Objective 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 ... -
Hybrid courts and their impact on the development of substantive international criminal law
Rindler, Julian (University of the Western Cape, 2013)The aim of this study is to scrutinise, in particular, the legal bases of and decisions taken by various hybrid courts with regards to such consolidating or fragmenting effects on substantive international criminal law. ... -
Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir
Adonis, Bongiwe (University of the Western Cape, 2011)This 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 ... -
Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism
Wafula, Tumani Regina (University of the Western Cape, 2012)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 ... -
Is ‘the policy element’ a legal requirement under international criminal law for crimes against humanity?
Chipeta, W. (University of the Western Cape, 2014)The precise legal definition of crimes against humanity has always been elusive since their first codification in the IMT Charter in 1945. Jurisprudence applying the definition has reflected the uncertainty especially with ... -
The need for a comprehensive international convention on crimes against humanity
Matsiko, Samuel (University of the Western Cape, 2015)In the field of international law three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) ... -
Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration
Adem, Seada Hussein (University of the Western Cape, 2014)The 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 ... -
Recruitment and use of juvenile pirates as crimes against humanity
Ngachi, Sarah Mutseo (University of the Western Cape, 2018)Piracy attacks off the coast of the Horn of Africa have been on the rise in the recent years. According to a report by Ocean without Borders, although no vessels were hijacked by pirates off the coast of Somalia in 2017, ... -
Scrutinising the modes of responsibility under the Rome statute : settling the dust
Belay, Markos Debebe (University of the Western Cape, 2015)Under international criminal law (ICL), there are factual and legal intricacies. Of these intricacies, the issues concerning the modes of responsibility, which are enshrined under Article 25(3) of the ICC Statute, have ... -
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
Gebremeskel, Wintana Kidane (University of the Western Cape, 2016)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 ...