Browsing Department of Criminal Justice and Procedure by Title
Now showing items 62-81 of 132
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Foreign aid and corruption in Zambia
(University of the Western Cape, 2014)This paper seeks to examine the relationship between foreign aid and corruption in Zambia. Drawing from the analysis of the two, it then explores whether the existing legal instruments are adequate and effective to combat ... -
Grand corruption in Swaziland : a critical analysis of the state's response
(University of the Western Cape., 2011)Corruption has crippled many economies, with developing countries being the hardest hit and the Kingdom of Swaziland being no exception. The government of Swaziland loses millions monthly through corruption and the figure ... -
Has the failure to conduct post-Truth and Reconciliation Commission prosecutions in South Africa contributed to a culture of impunity for economic crimes?
(University of the Western Cape, 2015)The end of Apartheid and the transition to a new constitutional democracy in South Africa was ushered in by the Truth and Reconciliation Commission (TRC). The purpose of the TRC was to promote a dialogue between victims ... -
The hidden truth: A critical examination of Uganda’s transitional justice legal and policy reforms on truth-seeking
(University of Western Cape, 2021)In the past, analyses of Uganda’s Transitional Justice legal and policy measures on truth-seeking have been focussed on evaluating the efficacy of a truth commission. However, being cognizant of the limitations entailed ... -
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 ... -
Human trafficking 2.0 the impact of new technologies
(University of the Western Cape, 2021)Human history is traversed by migration. This manifold global phenomenon has shaped the world to its current state, moving people from one place to another in reaction to the changing world. The autonomous decision to ... -
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. ... -
Illegal, unreported, and unregulated fishing : a paradigm shift from a regulatory issue to a transnational organised crime
(University of the Western Cape, 2016)The importance of the fisheries sector to world sustenance is extensive, ranging from being a source of employment and protein for subsistence farmers, particularly in developing countries, to providing social and economic ... -
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 ... -
The impact of armed conflict on child education in the Democratic Republic of Congo
(University of the Western Cape, 2020)This study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the ... -
Impact of Cleint Record Keeping on the Legal Profession in South Africa
(University of the Western Cape, 2017)The combating of money laundering has become crucial since it has escalated from a domestic to an international problem and vice versa. South Africa, in an attempt to combat money laundering has enacted anti-money laundering ... -
The imperative to implement Muslim personal law in South Africa
(University of Western Cape, 2021)It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how ... -
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 ... -
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 ... -
Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)
(University of the Western Cape, 2017)The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, ... -
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 ... -
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 ... -
Investigator-prosecutor collaboration: A framework for improving Namibia’s criminal justice process
(2021)Namibia, analysing models, principles and approaches of interagency cooperation to determine a suitable model for Namibia. The study was based on research questions examining the trends in the Namibian criminal justice ... -
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 ... -
Justice, truth and reconciliation under Rwandan domestic courts: specific reference to the Gacaca courts
(University of the Western Cape, 2001)lmmediately after the 1994 genocide in Rwanda, the government of national unity faced the onerous task of reconstructing a country laid desolate by the forces of genocide.The infrastructure was destroyed, and human resources ...