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This thesis is concerned with ‘international criminal law’. It examines the historical development of this body of law. This thesis also examines the record of enforcement of international criminal law. Historically the enforcement of international criminal law has primarily been a matter for states. States possess the capacity and lawful means of coercion necessary to enforce the criminal law. On occasions states have acted in concert with other states to enforce international criminal law by means of international criminal tribunals.

Magister Legum - LLM

War crimes, crimes against humanity, genocide and the crime of aggression (hereinafter, ‘core crimes’) could not be perpetrated without those who finance them. This dissertation examines the basis for criminal liability in international criminal law (‘ICL’) for persons who finance entities that perpetrate core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon (i) whether liability exist for individuals who finance entities that perpetrate core crimes; and (ii) if so, the circumstances under which such liability exists. To determine the minimum standard of liability of these individuals, this work analyses the legal rules relating to complicity in twenty selected common law and civil law jurisdictions in Africa, Asia, Europe, Latin America, North America, and Oceania. The aim of this assessment is to determine whether general principles of law exist that are recognized by the community of nations with respect to the minimum standard of liability for aiders and abettors. Therefore, this work proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance entities that commit core crimes. The comparative study concludes for aiding and abetting that, at this time, the minimum standard of knowledge is active knowledge. However, this work argues that a revision of this standard is in order to include wilful blindness. Regarding the intent requirement, the comparative analysis found that dolus eventualis is included in the definition of intent. / Thesis (LLD)--University of Pretoria, 2020. / Public Law / LLD / Restricted

To date, the arrest warrants issued by the ICC against the Sudanese President, as a suspect of heinous international crimes committed in Darfur, have not been enforced. This thesis questions and analyzes the reasons behind this failure. The thesis also considers the question whether the official status of Omar Al Bashir, as the incumbent head of state, shields him from prosecution before the ICC. To answer this question, the thesis examines the various international law theories related to the heads of state immunity and explains their relevance and applicability to the case of Al Bashir. Finally, the thesis evaluates the likelihood of the arrest of the Sudanese President and explores the legal foundation of each possible action. The thesis concludes that the Genocide Convention remains the most instrumental and effective authority for the apprehension of Al Bashir, and it further illustrates its binding effect beyond the ICC states parties.

To date, the arrest warrants issued by the ICC against the Sudanese President, as a suspect of heinous international crimes committed in Darfur, have not been enforced. This thesis questions and analyzes the reasons behind this failure. The thesis also considers the question whether the official status of Omar Al Bashir, as the incumbent head of state, shields him from prosecution before the ICC. To answer this question, the thesis examines the various international law theories related to the heads of state immunity and explains their relevance and applicability to the case of Al Bashir. Finally, the thesis evaluates the likelihood of the arrest of the Sudanese President and explores the legal foundation of each possible action. The thesis concludes that the Genocide Convention remains the most instrumental and effective authority for the apprehension of Al Bashir, and it further illustrates its binding effect beyond the ICC states parties.

To date, the arrest warrants issued by the ICC against the Sudanese President, as a suspect of heinous international crimes committed in Darfur, have not been enforced. This thesis questions and analyzes the reasons behind this failure. The thesis also considers the question whether the official status of Omar Al Bashir, as the incumbent head of state, shields him from prosecution before the ICC. To answer this question, the thesis examines the various international law theories related to the heads of state immunity and explains their relevance and applicability to the case of Al Bashir. Finally, the thesis evaluates the likelihood of the arrest of the Sudanese President and explores the legal foundation of each possible action. The thesis concludes that the Genocide Convention remains the most instrumental and effective authority for the apprehension of Al Bashir, and it further illustrates its binding effect beyond the ICC states parties.

Magister Legum - LLM

This thesis aims on the issue of duress as ground for excluding criminal responsibility in international criminal law. Duress arises from a situation when a perpetrator is forced under a threat of immediate death or bodily harm to commit a crime under international law. This thesis shortly explores duress in national legal systems, especially the differences between the duress in common law and in civil law jurisdiction. It further considers the use of duress as an argument of defence in history of international criminal law and focuses on two key judicial decisions in this area - the Einsatzgruppen case decided by the American military tribunal after the Second World War and Erdemović case decided by the International Criminal Tribunal for Former Yugoslavia. This thesis discusses with complexity the individual characteristics and conditions of duress. These characteristics and conditions are as follows: i) conduct alleged to constitute a crime under international law, ii) threat of imminent death or of serious bodily harm, iii) necessary acts to avoid threat (subsidiarity) iv) reasonable acts to avoid threat (proportionality), v) the situation leading to duress must not have been voluntarily brought about by the person coerced and vi) person coerced did not have a duty to bear this threat. Duress...

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