Browsing Magister Legum - LLM (Criminal Justice and Procedure) by Issue Date
Now showing items 1-20 of 108
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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 ... -
Grand corruption in Swaziland : a critical analysis of the state's response
(University of the Western Cape., 2011) -
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 ... -
Analysis of political corruption trends in transitional states
(University of the Western Cape., 2011) -
Obstacles to the Implementation of the Financial Action Task Force’s Recommendations in the Eastern and Southern African Anti-Money Laundering Group (ESAAMLG)
(University of the Western Cape, 2011)Money laundering is a global problem that has adverse effects on both the developed and developing countries. If unchecked, it accelerates crime and criminal activities, affects the economy, undermines the integrity of ... -
Enquiry into what frustrates the efficacy of preferential public procurement as a policy tool for black economic empowerment
(University of the Western Cape, 2011)Black Economic Empowerment (BEE) has been a topic of discussion since the dawn of democracy in April 1994. Due to the entrenched inequalities of the past, economic empowerment is very important for the economic growth of ... -
Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir
(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 ... -
A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law
(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, ... -
Investigation and prosecution of transnational women trafficking: the case of Ethiopia
(University of the Western Cape, 2011)Human trafficking is a widespread and growing crime in the world. Trafficking by its nature involves movement from one place to another and in most cases, it comprises crossing international borders. Although the estimation ... -
Children's experiences and views on domestic violence
(University of the Western Cape, 2012)In a country in which human rights feature prominently in our discourse about who we are, as well as in the South African constitutional and legal framework, so many wrongs continue to be perpetrated on women and children. ... -
On the threshold of political corruption : the case against lobbying in Germany
(University of the Western Cape, 2012)Political lobbying is a recent and widespread phenomenon that arises in countries where many big and economically important companies are located. It is a relatively new phenomenon and the term 'lobbying' has featured in ... -
The legal framework of illicit enrichment in Ethiopian anti-corruption law.
(University of the Western Cape, 2012)Corrupt practices such as bribery and other abuses of public functions for private gain have been criminalised in almost all legal systems. Criminalisation of acts of corruption constitutes one of the major dimensions of ... -
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 ... -
Recovering the Proceeds of Corruption: Why Kenya Should Foreground Civil Forfeiture
(University of the Western Cape, 2012)Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be ... -
South Africa's policy and legal framework pertaining to sustainable energy generation and use : a critical appraisal
(University of the Western Cape, 2012)The methods of energy use and production in South Africa are currently unsustainable, and have dire environmental and health impacts. This is largely due to fossil fuel based energy generation and use. Currently 89% of ... -
Hybrid courts and their impact on the development of substantive international criminal law
(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. ... -
The right to education of children with disabilities in Ethiopia
(University of the Western Cape, 2013)This study seeks to assess the extent to which national laws ensure that CWDs are accessing the right to education on an equal basis with non-disabled children. The study also seeks to assess the policy, legislative and ... -
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 ... -
Civil recovery of corruptly acquired assets in Uganda
(University of the Western Cape, 2014) -
Criminalising possession of unexplained wealth by public officials: legal perspectives from Zambia
(University of the Western Cape, 2014)This paper attempts a comprehensive analysis of the offence of illicit enrichment in Zambia. It focuses on how the offence fits into the broader legislative framework in Zambia. More importantly, the paper addresses aspects ...
