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Implementing the Rome statute of the international criminal court domestically: a comparative analysis of strategies in Africa
(University of the Western Cape, 2003)
On 17 July 1998, a total of 120 states voted to adopt the Rome Statute of the International Criminal Court (Rome Statute) 1 in a UN sponsored conference in Rome. The International Criminal Court (ICC or 'the Court') has ...
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 ...
Politically exposed persons and economic criminality : the case of Tanzania
(University of the Western Cape, 2015)
It is estimated that each year between $20 billion and $40 billion are lost from the economies of developing countries as a result of political corruption. In Africa, corrupt practices, mostly by government officials, 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 ...
Adopting memory and truth as non-judicial approaches to transitional justice in Cameroon
(University of the Western Cape, 2023)
The right to an effective remedy for victims of mass atrocities and the massive human rights abuses perpetrated in intra-state conflicts remains weak in international law. This is more so when such conflicts involve a ...
ECOWAS court’s jurisdiction and the argument of sovereignty: an evaluation of an impeachment Debacle in Liberia
(University of the Western Cape, 2023)
The need for a just and orderly society is the essence of retributive justice in domestic courts. Globalisation has left an immense mark on the development of both domestic and international laws. Rule of Law was largely ...
Peacebuilding and justice in conflict: the imperative for transformative justice in the post-war reconstruction of Chad
(University of the Western Cape, 2023)
The fault lines in the implementation of transitional justice mechanisms have posed enormous challenges to peacebuilding, reconciliation, and reconstruction in many postconflict societies, particularly in the Global South. ...
A critical analysis of some of the complexities of implementing transitional justice in Sudan after the genocide in Darfur
(2023)
In recent decades, the lives of millions of civilians have been devastated in the Darfur region in western Sudan, by the attacks of the militia Janjaweed, with the support of the government army under the supervision of ...
The constitutional protection of suspects in criminal cases
(University of the Western Cape, 2023)
In South Africa, the state has a constitutional duty to protect its citizens. If the criminal justice system fails to achieve this objective, then its credibility is at risk and the citizens’ rights will be negated. The ...
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 ...