Browsing Faculty of Law by Author "Werle, Gerhard"
Now showing items 1-20 of 40
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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 accountability of juveniles for crimes under international law
Nortje, Windell (University of the Western Cape, 2016)Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. ... -
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 ... -
A comparative study on the implementation of the Rome statute by South Africa and Germany: a case of fragmentation of international criminal law
Silungwe, Fatuma Mninde (2013)The Rome Statute established the International Criminal Court (ICC). It provides that the Court is complementary to national jurisdictions. This entails that the primary jurisdiction over core crimes lies at the domestic ... -
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 ... -
The crime of conspiracy in international criminal law
Okoth, Juliet Roselyne Amenge (University of the Western Cape, 2012)This contribution looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective ... -
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 ... -
Does article 30 of the rome statute include dolus eventualis and recklessness?
Wilson, Caroline (2010) -
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 ... -
Gacaca courts versus the international criminal tribunal for Rwanda and national courts: lessons to learn from the Rwandan justice approaches to genocide
Wibabara, Charity (2013)The 20th century witnessed several wars and genocides worldwide. Notable examples include the Armenian and Jews genocides which took place during World War I and World War II respectively. The Rwandan genocide of 1994 is ... -
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 ... -
The hybrid court model and the legitimacy of international criminal justice in Africa
Mulerwa, Olivia Kaguliro (University of Western Cape, 2013)Hybrid Courts are the latest innovation in the prosecution of international crimes after the era of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia ... -
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 ...