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The Boko Haram violence from the perspective of International criminal law
(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 ...
Towards an African International Criminal Court? – assessing the extension of the jurisdiction of the African Court of Justice and Human Rights to cover international crimes
(University of the Western Cape., 2011)
Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key ...
An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict
(University of the Western Cape, 2016)
The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written ...
The historical path of the crime of aggression and the first ICC review conference
(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 ...
Domestic prosecution of international crimes in Kenya : a critical analysis
(University of the Western Cape, 2015)
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
(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 ...
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 ...
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 ...
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 ...