The aim of this thesis is to understand the reasons behind the decision of the United States to stand in opposition to the International Criminal Court. This policy seems to contradict the United States'leading role in international justice and commitment to universal human rights. The opposition to the ICC presents an apparent contradiction between principles and interests, and provokes the question of what role power, identity and principles play in the formation of national interest. The author reviews the concept of national interest in International Relations theory. It is found that only a constructivist identity approach takes account of both power and identity in the formation of national interest. The constructivist identity approach presents the concept of national interest as endogenous to social interaction and linked to identity. National interest is thus not seen as an objective analytical concept from which one can derive and explain rational behavior by rational actors, but as the very phenomenon that we are trying to understand. This theoretical framework is firmly located in an understanding tradition. In the search for an understanding of why the United States’ decision-makers considered opposition to the ICC to be in the national interest of the United States, role theory serves as a method. The empirical part of this thesis consists of analysis of speeches and statements, and of role conceptions found therein. The results of this approach show that the apparent contradiction between principles and interests does not exist. The reason why the behavior examined appears to be contradictory is that the spectator lets his or her own expectations of behavior appropriate for a certain belief or a certain role conception stand as a guide. The only way we can understand the reasons behind a given behavior is by looking at the actors’ view of the problem and what beliefs and role conceptions come into play for the actors when they face a foreign policy issue. The analysis makes it clear that the United States views its behavior as contradictory neither to its principles, nor to its perceived roles. Instead, it is the roles of the United States, the sources of which include both principles and capabilities, that are the reasons behind the policy.

<p>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, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution under international criminal law mainly by the International Criminal Court (hereafter ICC), International Criminal Tribunal for the Former Yugoslavia (hereafter ICTY) and International Criminal Tribunal for Rwanda (hereafter ICTR). It discusses the problem of selectivity that can be observed in prosecuting sexual violence that has in fact, left many victims of sexual violence dissatisfied. By doing so, it analyses the law as it is to determine whether the law applied during sexual violence prosecutions is sufficient. The paper also states recommendations that can contribute to the effective prosecution of sexual crimes under international criminal law.</p>

<p>On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over the crime of genocide, crimes against humanity, and war crimes. These crimes are the most serious crimes of international concern. The&nbsp / ICC operates under the principle of complementarity, which entails that the ICC will only assume jurisdiction over these core crimes in the event that a State Party is unwilling and unable genuinely to carry out the investigation and prosecution. States Parties have, therefore, the primary responsibility to investigate and prosecute these crimes. The States&nbsp / Parties must therefore establish jurisdiction to conduct investigations and prosecution of these core crimes. It is from that background, coupled with the historical evolution and development of international criminal law, with regard to individual criminal responsibility, that this paper argues for the implementation of the Rome Statute in Malawi, through&nbsp / domestic legislation.The paper thus argues that only through domestic legislation can the purports of the Rome Statute be achieved and fulfilled by Malawi.</p>

No description available.

The literature on the capabilities of weak states to withstand pressure from strong states suggests that more often than not, weaker states tend to give into the stronger power. What are the motivating factors that enable weak states to withstand pressure from strong states? To ensure that the International Criminal Court (ICC) does not gain jurisdiction over its nationals, the United States is currently seeking to sign Bilateral Immunity Agreements (BIAs) with all countries under the rubric of the American Servicemembers' Protection Act. This thesis examines through a comparative case study analysis how a number of African Countries are able to withstand the pressure to sign a BIA by taking advantage of internal and external institutional structures and mechanisms. It also fills a gap in the literature by examining one regions response to the BIAs relative to the U.S. position concerning the ICC.

<p>On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over the crime of genocide, crimes against humanity, and war crimes. These crimes are the most serious crimes of international concern. The&nbsp / ICC operates under the principle of complementarity, which entails that the ICC will only assume jurisdiction over these core crimes in the event that a State Party is unwilling and unable genuinely to carry out the investigation and prosecution. States Parties have, therefore, the primary responsibility to investigate and prosecute these crimes. The States&nbsp / Parties must therefore establish jurisdiction to conduct investigations and prosecution of these core crimes. It is from that background, coupled with the historical evolution and development of international criminal law, with regard to individual criminal responsibility, that this paper argues for the implementation of the Rome Statute in Malawi, through&nbsp / domestic legislation.The paper thus argues that only through domestic legislation can the purports of the Rome Statute be achieved and fulfilled by Malawi.</p>

<p>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, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution under international criminal law mainly by the International Criminal Court (hereafter ICC), International Criminal Tribunal for the Former Yugoslavia (hereafter ICTY) and International Criminal Tribunal for Rwanda (hereafter ICTR). It discusses the problem of selectivity that can be observed in prosecuting sexual violence that has in fact, left many victims of sexual violence dissatisfied. By doing so, it analyses the law as it is to determine whether the law applied during sexual violence prosecutions is sufficient. The paper also states recommendations that can contribute to the effective prosecution of sexual crimes under international criminal law.</p>

No description available.

Magister Philosophiae - MPhil

Univ., Diss.--Regensburg, 2004. / Literaturverz. S. [339] - 370.