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Universal jurisdiction in respect of international crimes : theory and practice in Africa
(University of the Western Cape, 2015)
The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and ...
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(University of the Western Cape, 2015)
Is ‘the policy element’ a legal requirement under international criminal law for crimes against humanity?
(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 ...
A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court
(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 ...
Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism
(University of the Western Cape, 2012)
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 ...
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
(University of the Western Cape, 2012)
The 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 ...
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)
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 ...
The competence of the International Criminal Court with regard to witnesses.
(University of the Western Cape, 2014)
This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce ...
An analysis of the difficulties related to victim participation before the International Criminal Court and the Extraordinary Chambers in the courts of Cambodia
(University of the Western Cape, 2012)
By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against humanity, war crimes, ...
Does the blockade of Gaza constitute genocide?
(University of the Western Cape, 2013)