No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

The economic dimension of conflicts has enjoyed increasing attention in research dealing with the dynamics of contemporary conflict. The nexus between natural resources, economics and conflict has played a defining role in a number of Africa’s most intractable conflicts during the 1990s and early 2000s. The underlying assumption of this study is that the economic dimension of conflict can be hugely informative in terms of an understanding as to why peace agreements fail and in that sense can contribute to the resolution of conflicts if taken into account during the formulation of peace agreements. This study explores the ways in which conflict theory has dealt with the conflict-economics nexus, analyzing the extent to which theory illuminates the conflict reality in the Democratic Republic of Congo (DRC) during the period August 1998 to August 2004. It determines to what degree peace agreements in the DRC have taken the economic dimension and insights gained from the academic exploration of this topic into account during the negotiation and formulation of these agreements. In conclusion the study proposes a number of recommendations in terms of the peace process in the DRC with possible wider application for other peace agreements. / Dissertation (MA (International Relations))--University of Pretoria, 2008. / Political Sciences / unrestricted

"The problem of displacement remains formidable, especially in Africa. It is exacerbated by Afirca's continuous conflicts and bad policies that are taken and effected in the name of development. Women and children remain the worst victims of internal displacement. This is so because in real life, women and children are vulnerable. Thus adding on internal displacement is too much for them. There is still no international enforceable mechanism by which the protection of the rights of internally displaced persons (IDPs), and in particular women and children, can be ensured. This leaves such rights at the mercy of the states within which the internal displacement occurs. ... Chapter 2 will comprise of analysis of who an IDP is and the magnitude of the problem of internal displacement in Uganda and the DRC. This will also entail identification of the causes of internal displacement in both countries. Chapter 3 will identify and critically analyse the rights of women and children as IDPs. This analysis will focus on the conditions prevailing in Uganda and the DRC. Chapter 4 will come up with detailed and comprehensive recommendations as to what can be done to attain the acknowledgement, protection and enforcement of the rights of women and children that arise out of internal displacement. Chapter 5 will have a suitable conclusion to the study. It will show whether the findings of the study prove its hypotheses." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Jean-Didier Boukongu and Dr. Atangcho Ndji Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

This dissertation seeks to explore the principle of complementarity, its advantages and its success so far through the Democratic Republic of Congo (DRC) self-referral to the International Criminal Court (ICC). It seeks also to investigate whether there are loopholes in the principle of complementarity, especially with regard to referrals by the Security Council involving states that are not parties to the Rome Statute. In particular the dissertation seeks to explore whether states can use this principle to hamper the efforts of the ICC to bring justice to victims of the most serious crimes of international concern and to end impunity / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Raymond Koen of the Faculty of Law, University of Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>

<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>

Magister Legum - LLM / The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage. / South Africa

The conflict in the Democratic Republic of Congo is recognized by the United Nations Security Council (UNSC) as a threat to international peace and security, due to its impact on the entire Great Lakes region of the African continent. Therefore, for the stability of this region, any feasible solution should take into consideration the regional dimensions of this conflict. Many diplomatic initiatives undertaken in this regard have thus focused on how to end the hostilities in the region. The International Conference on Peace, Security, Democracy and Development in the Great Lakes Region was also convened to address the regional factor of the conflict and therefore prevent further conflict in the area. How this Conference addresses this regional dimension in order to prevent a return to violence in the Democratic Republic of Congo and therefore to bring about sustainable peace in the region, is the main focus of this study. The basic premise on which this research is based, is that this Conference is the first gathering of all countries in the region to address the causes underlying the conflict in the region, thereby rendering it a framework around which to prevent violence from flaring up again in the DRC. A literature review of the theory behind preventive diplomacy is discussed in-depth throughout the study, chiefly applying the notion expressed by Lund (1996: 37) that alternative actions should be applied during periods of socio-economic, political or regional and international upheaval, in order to avoid the use of armed force and/or the manipulation of political disputes. The aim of this study is to apply this theory in the framework of the Conference, primarily because the diplomatic initiatives undertaken thus far have created an environment of unstable peace in which preventive diplomacy can work. / Dissertation (MA (Political Science))--University of Pretoria, 2008. / Political Sciences / unrestricted

"With the entry into force of the Rome Statute in July 2002 and the election of judges and prosecutors of the Court in 2003, there is need for states parties to the Rome Statute to enact laws to incorporate the crimes defined in the treaty. Currently, 92 states are parties to the treaty. The success of the ICC will depend not only on widespread ratification of the Rome Statute, but also on states parties' compliance with obligations under the treaty. For almost every state this will require some change in national law in accordance with existing laws and proceedings in a given legal system. The experience of most states parties to the treaty is that the Rome Statute will require some form of domestic implementing legislation, even if this is not the normal practice of the state. There is need for co-operation between the Court and state parties on the administration of justice. For the Court to function properly, the immunity of its personnel should be guaranteed and provisions in national constitutions that are incompatible with the Rome Statute should be amended to bring them in conformity with the provisions of the treaty. ... Thus far, South Africa is the only African country that has adopted an implementing legislation domesticating the Rome Statute. Other African countries such as Congo, DRC, Ghana, Nigeria and Senegal have draft bills. There is, therefore, the need for African countries that are state parties to the treaty to positiviely confront the above challnges while incorporating the provisions of the Rome Statute into national law. ... The first chapter is an introduciton. It sketches the background of the study and reviews the materials that will be used for the study. It focuses on several hypothesis and research questions that the study is set out to answer. It highlights the dearth of materials on the implementation of the Rome Statute in Africa. The second chapter analyses the ICC and the emerging international legal system. It discusses the complementarity principle of the Rome Statute and analysis the crimes under the jurisdiction of the Court. The effect of the bilateral immunity agreements signed by states parties to the Rome Statute with the United States of America is also highlighted. The third chapter deals with the ICC and indernational approaches to the implementation of the Rome Statute. This involves discussions on compatibility of the Rome Statute with national constitutions. Approaches adopted by states with regards to specific issues of implementation will also come into focus, followed by discussions on the amendment of constitutions and purposive interpretation as adopted by various states parties to the Rome Statute. The fourth chapter will discuss implications of the Rome Statute for domestic constitutions in Africa. The discussion will focus on immunity from prosecution granted to heads of state and government by constitutions, the surrender of persons to the ICC and sentencing of persons convicted by the Court with regards to their relationship in the implementation of the Rome Statute in Africa. The fifth chapter will be a comparative analysis of impelementation strategies adopted by South Africa, Nigeria and Democratic Republic of Congo (DRC). There will be an analysis of the relationship between the Rome Statute and African human right system. The last chapter is the conclusion with recommendations and arguments on the need for a comprehensive domestic implementation strategy of the Rome Statute in Africa." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Professor Lovell Fernandez at the Faculty of Law, University of the Western Cape / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The mini-dissertation analyses the international law obligations of the government and nonstate actors regarding the protection of internally displaced children living with HIV in the Democratic Republic of the Congo. The war and armed conflicts in the Eastern DRC have exacerbated the vulnerability of children, causing them to be separated from their families, to experience sexual violence and forced conscription into armed groups, to experience the violent deaths of a parent or friend, resulting in insufficient adult care. They further are subject to a lack of safe drinking water and food, insufficient access to health care services, discrimination and stigmatisation, and so on. These factors increase their risk of contracting HIV and, if they are already living with HIV, they adversely affect their welfare. The mini-dissertation illustrates that international, regional and domestic human rights instruments protecting children can be applied in situations of armed conflicts to supplement humanitarian law instruments. It demonstrates that the government of the DRC has not implemented and fulfilled its international obligations to ensure these children adequate access to health services and to humanitarian assistance for displaced persons living with HIV; security and protection within displaced persons camps; and that children are protected from abuse and human rights violations. The dissertation recommends the prosecution of perpetrators of crimes tied to the conflicts which have targeted children, as well as the ratification by the DRC of regional instruments such as the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa, and the African Charter on the Rights and the Welfare of the Child, as this may enhance the legal protection of displaced children in the DRC. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted