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Now showing items 11-19 of 19
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 ...
Recruitment and use of juvenile pirates as crimes against humanity
(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, ...
Evaluating the legal framework of the hybrid court for South Sudan
(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 ...
Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
(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 ...
Corruption as a crime within the jurisdiction of the International Criminal Court?
(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 international criminal court and the principle of complementarity: a comparison of The situation in the democratic republic of the congo and the situation in darfur
(University of The Western Cape, 2008)
The purpose of the lnternational Criminal Court (ICC) is to investigate, prosecute and purush the most
serious crimes of international concern. These crimes are genocide, war crimes, crimes against humanity
and the crime ...
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(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 ...
The balancing of competing rights : the right to disclosure at the International Criminal Court
(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 principle of universalism in international criminal law: a case study of the situation in Sudan
(University of the Western Cape, 2023)
This thesis aims to explore the evolution and practical application of the universal jurisdiction principle within the International Criminal Court (ICC). It will focus on the challenges presented by the reluctance and or ...