Browsing Magister Legum - LLM (Criminal Justice and Procedure) by Title
Now showing items 106-125 of 130
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The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa
(University of the Western Cape, 2018)South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that ... -
Rwanda’s responses to money laundering
(University of the Western Cape, 2014)In 20 the years after the genocide that afflicted Rwanda, the country has made considerable progress towards developing human resources in the public sector. It has kick-started its economy and improved sectors such as ... -
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 ... -
Should South Africa criminalise ukuthwala leading to child and forced marriages?
(University of the Western Cape, 2020)Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by ... -
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 ... -
‘Social truth’ as an approach to transitional justice in gacaca courts in post- genocide Rwanda
(University of Western Cape, 2021)This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social ... -
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 ... -
The South African legislative response to cybercrime
(University of the Western Cape, 2021)As the world moves into a hyper-connected global society with near universal access to the internet, cybercrime has become a global challenge. The problems embedded in the issue of cybercrime are at least twofold. Firstly, ... -
South-African german centre transnational criminal justice and crime prevention: An international and African perspective
(University of the Western Cape, 2017)Corruption is a global problem, which poses a serious threat to the development of countries and their people. Although its impact varies, all nations are facing the evils of corruption and, therefore, the international ... -
Statelessness as a failure of international law: a critical analysis of the effects of statelessness on gender rights
(University of the Western Cape, 2019)Statelessness is a global human rights problem affecting a vast number of individuals, families and communities worldwide. The concept of statelessness comes to existence as a conflict that was created by international ... -
The Challenges Faced By Truth Commissions as a Result of the Selection and Appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The Challenges faced by Truth Commissions as a result of the selection and appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The fragmented approach to confiscating dirty assets in Botswana
(University of the Western Cape, 2018)In the early 1990s Botswana faced rising levels of grand corruption and economic crimes in general. The laws could not cope with the high incidence of economic criminality, especially as regards the confiscation of dirty ... -
The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes
(University of the Western Cape, 2017)In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice ... -
The international crimes division of Uganda: Complementry in practice
(University of the Western Cape, 2017)In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people ... -
The treatment of gender-issues and development in the Sierra Leonean transitional justice context
(University of the Western Cape, 2017)Transitional justice mechanisms have become commonplace as a tool for recovery for societies emerging from conflict and repressive regimes. The extent to which women's rights concerning development and long-term economic ... -
To what extent does Zimbabwe comply with its international obligations for the protection of unaccompanied and separated refugee children?
(University of the Western Cape, 2015)This study set out to analyse Zimbabwe’s obligations under international law for the protection of UARC. Chapter one was an introduction to the study laying out the background of refugee and child protection. The background ... -
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 ... -
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. ... -
Uganda's response to the phenomenon of enforced disappearances and the transitional justice response in Uganda
(University of the Western Cape, 2017)Enforced disappearances are a heinous violation of numerous human rights enshrined in many international conventions. However, they have not been adequately addressed in many jurisdictions. This crime is very common ...