Magister Legum - LLM (Criminal Justice and Procedure): Recent submissions
Now showing items 101-120 of 130
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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 ... -
The law of assets declaration in Malawi
(University of the Western Cape, 2015) -
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 ... -
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. ... -
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 ... -
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 ... -
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 ... -
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 ... -
The legal status of evidence obtained through human rights violations in Uganda
(University of the Western Cape, 2016)The Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. ... -
The determinants of the child’s best interests in relocation disputes
(University of the Western Cape, 2015)This thesis explores the factors that our courts take into account in determining what would constitute the best interests of the child in granting or refusing relocation applications. This study deals with the formulation ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 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 ... -
Civil recovery of corruptly acquired assets in Uganda
(University of the Western Cape, 2014) -
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 ... -
The protection of an accused's right to freedom from torture
(University of the Western Cape, 2014)The question to be addressed in this study is whether the government of South Africa is doing enough to protect the rights of the accused from torture. This study will seek to analyse South Africa’s constitution and its ... -
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 ...