Browsing Department of Criminal Justice and Procedure by Issue Date
Now showing items 1-20 of 132
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War crimes under international customary law: the historical development and the legal issues
(University of the Western cape, 1999)War is characterizedby outburst of primitive, raw violence and has always played an important role in the history of mankind. When states or groups within a state cannot or will not settle their disagreements or differences ... -
Defining the limits of parliament's powers to intervene in the Exclusive provincial schedule 5 competences in terms of section 44(21of the constitution of south africa act, act no.108 of 1996, With reference to the liquor bill case
(UWC, 2000)Constitutional law prescribes how power is exercised by the different branches of government and organs of state. ln a federal state or a unitary state in which there is a devolution of power to the regions, the allocation ... -
Transitional justice in Rwanda a case study of fair trial process
(University of the Western Cape, 2001)ln countries undergoing a shift from a repression to democracy, the question of transitional justice presents, in a very conspicuous manner, the first test for the establishment of a real democracy with the rule of law. ... -
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 ... -
The protection of children from exploitative labour within SADC :Human rights challenges of the regional integration initiative
(University of the Western Cape, 2002)Childhood is a time for play, for growth, and for discovery. Sadly, for many of the world's children, the reality is different. They are denied their childhood and with it, their opportunity to develop. They are denied ... -
A critical analysis of legislation and policy pertaining to waste management and the control of pollution caused by waste in urban and industrial areas in South Africa
(University of the Western Cape, 2003)The central problem of my research is on how pollution and waste can be controlled and managed in urban and industrial areas. This is worthy of study because if the above said problem is not studied in order to be properly ... -
The principle of universal jurisdiction as a tool of international criminal justice: challenges for Africa
(University of the Western Cape, 2003)The subject of universal jurisdiction is of great relevance to all who work for human rights. I regard the search for ways to end impunity in the cause of gross violations of human rights as an essential part of the work ... -
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
(UWC, 2003)The need to protect human dignity, freedom, and equality paved the way for the development of the concept of human rights, from an idealistic assertion of vague principles to the adoption of the comprehensive international ... -
WWIII? war on women continues!
(University of the Western Cape, 2003)ln the course of this research paper incidence of sexual slavery, sexual violence and rape during times of war will be examined. The incidence where systematic rape is seen as a weapon of war designed to exterminate a ... -
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 ... -
Exorcising the antiquity spirit of intolerance : possibilities and dilemmas of decriminalizing sodomy laws in Uganda
(UWC, 2007)This dissertation proposes various methods to decriminalize same-sex sexual intercourse as an offense in Uganda. Chapter One introduces the problem of the sodomy laws and how it has recently taken center stage in the ... -
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 ... -
Conspiracy to commit genocide as understood through jurisprudence of the international criminal tribunal for Rwanda
(University of the Western Cape, 2009)ln 1995, following the atrocious crimes committed in Rwanda, the United Nations Security Council, with Resolution 955, established the international Criminal Tribunal for Rwanda (ICTR) in an effort to hold the alleged ... -
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 ... -
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, ...