This thesis examines the status of amnesties and the duty to prosecute gross and systematic human rights violations in international law. The thesis begins by distinguishing amnesty from other related concepts, such as impunity, pardon and statutes of limitations and so on. Unlike these related concepts, amnesty aims to address major social or political crises in society, such as to resolve an armed conflict, allow the return of political refugees or bring about peaceful political transition. Amnesty is linked to the duty to prosecute, because it is so often in direct conflict with international law norms and standards on the duty to prosecute and to compensate victims of human rights violations. Before the First World War, amnesty was a well-established customary practice. Even where a peace treaty was silent on the mater, amnesty was implied. Compensation was also part of the regime of peace treaties, but not followed as consistently as amnesty. This practice changed dramatically after the First and Second World Wars, because, in a break with the past, the victors did not consider themselves to be on the same level as the vanquished. This resulted in the abolition of the traditional practice of granting amnesty and the demand rather that those responsible for aggression be prosecuted and compelled to pay compensation, as was the case with Germany. Since 1948, with the adoption of the United Nations' Charter, and other international human rights treaties, the power of states to grant amnesty gradually became constrained by the obligation to prosecute perpetrators of gross human rights violations and to pay compensation to the victims of war crimes. Nevertheless, this phenomenon did not put an end to the practice of states granting amnesty for gross human rights violations. Internal armed conflicts during and after the end of the Cold War, with no victors and no vanquished, made amnesty an inevitable option. A considerable number of states continue to utilise amnesty as a device for peace and reconciliation, and they have granted amnesty for war crimes, genocide and crimes against humanity. In customary international law, there is a gap between the actual state practice and the existence of the customary norm creating a duty to prosecute. As a result, the status of the so-called "palatable amnesties" (à la South Africa), often granted as part of a truth and reconciliation process, still remains unclear in international law. This is further exacerbated by the inconsistent practice of the United Nations as the main depository and sponsor of human rights instruments. South Africa and Sierra Leone are used as case studies to illustrate this inconsistency in both state and UN practice on the status of amnesties in international law. As a result, the study proposes a balanced approach model, which is an attempt to strike a balance between accountability, political transformation and social stability in transitional democracies. The balanced approach model proceeds from the premise that the international criminal justice system is not flawless and, therefore, it is important to acknowledge its limitations, such as the lack of enforcement agencies, difficulties in the collection of reliable evidence and a lack of resources to prosecute. In terms of the model, consideration is given to (i) the need to respect the legitimacy of the political process that gives rise to the granting of amnesty; (ii) the amnesty must be proportional to the crimes committed and must be rationally connected to the aims of achieving peace and national reconciliation, the interests of justice, compensation for victims; and finally (iii) the general commitment of the state that grants amnesty to respect international law obligations, which includes the implementation of international obligations as part of municipal law and treaty monitoring obligations as preconditions for the amnesty to pass muster in the balanced approach model. In conclusion, the study proposes model Policy Guidelines on Amnesties Granted for Gross and Systematic Human Rights Violations in International Law for the Assembly of States of the International Criminal Court (ICC) to take note of, and to commend to states and international courts and tribunals, leaving its content to be taken up in the normal processes of the application and development of international law. The status of the Guidelines is that of a code of conduct or guide to practice. In that sense, the Guidelines do not have the character of a binding legal instrument and will serve as the basis for the development of sound principles of international law on amnesties. / Constitutional and International Law / L.LD

Cette recherche met en évidence un rôle prépondérant des droits fondamentaux dans l'efficacité du droit régissant la conservation des ressources naturelles. Elle s'organise autour de deux axes : la concurrence entre les droits et libertés et l'objectif de la durabilité des ressources naturelles, d'une part, et la garantie des droits au service d'un partage du pouvoir sur celles-ci, d'autre part. Le premier axe s'appuie sur le fondement des droits de l'homme, la primauté de la personne humaine, mais aussi sur leur fonction limitative à l'action du pouvoir souverain. En droit thaïlandais, l'exigence du respect du droit de propriété, de la liberté d'entreprendre et du droit à la subsistance est un obstacle important à la réglementation dans le domaine. Grâce à l'analyse comparative, se dégagent des outils français d'aménagement de ces droits pouvant servir d'inspiration au droit thaïlandais. Le second axe porte sur la garantie des droits en matière d'environnement, étape charnière dans l'accession des citoyens au rôle de défenseur de la nature à côté de l’État - le défenseur traditionnel. En plus des droits garantis dans le cadre de la participation environnementale, la Constitution thaïlandaise garantit un droit de conserver et d'exploiter les ressources naturelles. C'est un modèle scientifiquement intéressant car l'objet du droit, la nature, n'est pas un intérêt direct auquel l'homme prétend. Cette garantie fait des citoyens les représentants de la nature. La seconde composante, le droit à l'exploitation, inspire le principe du partage équitable des ressources naturelles de la nation, proposée à la fin de la thèse. / This thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter.

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined. / Jurisprudence / LLD

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. / Public, Constitutional, and International Law / LLM

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. / Public, Constitutional, and International Law / LLM

Diamonds have played a dual role in society since their discovery. On the one hand, they have brought smiles to the faces of many exhibiting love, beauty, wealth and brilliance. On the other hand, they have been at the heart of many conflicts. This juxtaposition has different impacts in usage. For those whom diamonds were a positively and morally accepted benefit, it did not present problems. Where diamonds spurned conflicts, it caused harm to lives and territories. Human rights abuses became the cause of international conflicts. Humanitarian interventions appeared on the United Nations Security Council agenda. The United Nations had to address the human rights abuses and had to confront the escalation of human rights abuses. Human rights abuses reached significant proportions forcing the application of humanitarian intervention mechanisms. Control of the diamond trade industry was fast becoming an item on many international peace keeping agendas. International organisations such as the World Trade Organisation, the International Criminal Court, the African Union, the European Union, the World Diamond Council and the United Nations have all tried to influence the diamond trade and its consequential impact upon human rights. These organisations are regulated by law, making them a preferred mechanism for establishing accountability for human rights abuse, arising from the illegal trade in rough diamonds and the maintenance of peace and security.Pressed by the United Nations and, De Beers; NGOs; the Partnership Africa Canada and Global Witness; the World Diamond Council; and many States initiated a formalised voluntary international certification scheme for the export and import of diamonds. Thisinternational certification scheme for the trade of rough diamonds became known as the Kimberley Process Certification Scheme. The Kimberley Process Certification Scheme has been hailed as a milestone in the diamond trade industry. Simultaneously, the Certification Scheme has been criticised for its inefficacy in regulating the legitimate trade of rough diamonds. Whether the Certification Scheme in its present form is suitable to address the crisis in the trade of rough diamonds is central to this study. Thus, the characterisation, monitoring, implementation and evolution of the Kimberley Process Certification Scheme will be examined. / Jurisprudence / LLD

L’action extérieure de l’Union européenne en matière de droits de l’homme est singulièrement conduite vers l’Afrique subsaharienne, qui bénéficie d’une position particulière. Il s’agit ici d’analyser les droits de l’homme dans les relations entre l’Union européenne et les États de l’Afrique subsaharienne sous l’angle de la recherche constante de l’équilibre. Il s’agit alors de déterminer si les droits de l’homme sont un facteur de progrès dans ces relations, d’un point de vue internationaliste. Par une méthode critique et pragmatique, la recherche a permis de dégager une définition instrumentale des droits de l’homme et d’examiner les différentes formes d’ingénierie juridique dans ces relations. Dans un premier temps, la thèse met en évidence la spécificité de l’intégration des droits de l’homme, c’est-à-dire le processus de création des droits de l’homme qui est dominé par les institutions européennes, et les instruments de promotion et de protection de ces droits qui s’inspirent du droit de l’Union. Le processus juridique de production et le produit des droits de l’homme dans ces relations pose la question de la cohérence des différentes politiques de l’Union en matière de coopération au développement. Dans un second temps, la recherche se penche sur le degré de réalisation des règles de droit dans les faits, par le seuil d’effectivité et d’ineffectivité. Cette appréciation permet de s’interroger sur les incidences et les causes de l’effectivité et de l’ineffectivité des droits de l’homme dans les relations entre l’Union européenne et les États de l’Afrique subsaharienne. Il en ressort une pratique mitigée du mécanisme de garantie de ces droits au regard d’une application à géométrie variable de ce régime juridique et de la permanence des enjeux extra-juridiques. Des interventions tierces dans ces relations d’organisations internationales (ONU, UA) ou d’États (Chine) tentent de compléter ou de réexaminer la conditionnalité de la coopération au développement au respect des droits de l’homme / The European Union’s external action as far as human rights are concerned is specially geared toward sub-Saharan Africa, which benefits of a particular position. The purpose here is to analyze human rights in relations between the European Union and the sub-Saharan African states in terms of a search of a constant equilibrium. It is actually a matter of determining whether human rights are a factor of progress in these relations from an internationalist point of view. Through a critical and pragmatic approach, the research allowed to deliver an instrumental definition of human rights and examine the different forms of legal work in these relations. First the thesis will highlight the specificity of the integration of human rights, the creative process of human rights that is dominated by the institutions of the European Union and the instruments of promotion and protection of these laws, which are inspired by the law of the Union. The legal process of production and the product of human rights in these relations raise the question of the consistency of the various policies of the European Union in matters of development cooperation. Second, the research looks at the degree of realization of the rules of law in effects through a threshold of effectiveness and ineffectiveness. This assessment will raise the question of the incidences and the causes of effectiveness and ineffectiveness of human rights in the relations between the European Union and the sub-Saharan African states. It appears a moderate practice from the guarnanteeing mechanism of these laws, albeit through an application that varies from country to country of this legal system and of the permanence of extra legal issues. Third-party interventions in these international organizations relations (UN, AU) or of States (China) try to complete or reconsider the conditionality of the development cooperation for human rights