Thesis (Ph.D.)--University of Melbourne, Dept. of Criminology, 2005. / Typescript. Includes bibliographical references (leaves 321-365).

Thesis (doctoral)--Göttingen Universität, 2008. / Includes bibliographical references and index.

Thesis (M.A. (Human Rights))--Mahidol University, 2008. / LICL has E-Thesis 0042 ; please contact computer services.

Thesis (doctoral)--Universität Kiel, 2007. / Includes bibliographical references.

Complementarity, the organizing principle of the International Criminal Court (ICC), is a largely untested concept in terms of its ability to instigate State compliance with the Rome Statute of the International Criminal Court. The ICC made its debut at a time when States were routinely accused of non-compliance with international law, particularly international criminal law. Due to perennial concerns over the protection of State sovereignty, an ingenious system of allocation of competencies between States and the ICC was evolved. This is embodied by the principle of complementarity. At the heart of complementarity is an arrangement by which States Parties to the Rome Statute of the ICC are regarded as the prime fora for the prosecution of crimes of grave concern to the international community. In the event of inaction, however, the ICC is mandated to wrest specific cases from the jurisdiction of national courts and try them. In effect, a carrot-and-stick mechanism has been built into the Rome Statute to induce States to comply with the Statute. This thesis examines the principle of complementarity from a theoretical perspective, bearing in mind contemporary international law structures and institutions. A better understanding of the theoretical assumptions of complementarity, it is suggested, will foster a more effective application of the tenets of the Rome Statute within the municipal system. The thesis argues that complementarity is a catalyst for implementation of the Rome Statute only to the extent to which it alters or re-defines well established and encumbering procedures and norms within the municipal system. In this regard, although South Africa’s status of constitutional democracy may be reason to expect that the obligations imposed by the Rome Statute will be observed, that very fact may increase the inclination to preserve the “baseline of conduct” rather than be swayed by the Rome Statute. An illustrative excursion into South African rules and norms is undertaken, after which the argument is advanced that not much change has been effected to the South African legal landscape through implementation of the Rome Statute. The sole exception to this is the issue of prosecutorial discretion. On this, the South African legislature has uniquely crafted a mechanism for ensuring accountability, presumably with a view to ensuring that South Africa is always able to prosecute the crimes concerned. However, the thesis cautions against complacency, arguing that the tension between national law and international obligations may yet play itself out, owing to insufficient attention to the role of national courts in giving effect to the Rome Statute. The act of implementation may be a response to stimuli such as the perceived need to avoid civil liability for international crimes, or the general inertia of implementing human rights instruments. Therefore, the carrot-and-stick mechanism may be lacking in the compulsive qualities it is presumed to have. Through an exploratory survey of South African law, the thesis illustrates that prosecutorial accountability is the major factor in determining whether a State has fully complied with is obligations under the Rome Statute. However, it also points out that the way courts of law apply the new norms in municipal systems in the future will be crucial.

Magister Legum / In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned. / South Africa

Magister Legum - LLM / This research paper will focus on these controversial issues and their significance for the International Criminal Court (ICC) in dealing with the situation in Darfur/Sudan. Furthermore, another related issue that was addressed by the Commission will be analysed, namely which exact degree of mens rea is required for the special intent to destroy one of the protected groups. / South Africa

PhD (African Studies / Centre for African Studies / This study explored the implications of Act 12 of 2012 on the establishment of indigenous languages within the ambit of the Constitution of the Republic of South Africa’s Act 108 of 1996 on the use of English and Afrikaans Languages only in the Vhembe District criminal court proceedings. The establishment of the Indigenous Language Courts for the purpose of using indigenous languages, namely Tshivenda, Xitsonga and Sepedi as languages of court was the main objective of this study. This study investigated (a) whether present legally-recognised methods on the use of English and Afrikaans only in criminal court proceedings give effect to the right to a fair trial and (b) what are the implications of the Use of Official Languages Act on the use of English and Afrikaans only in the Vhembe District multilingual criminal courtrooms. This was accomplished through qualitative methods of data collection and analysis, namely in-depth personal interviews and textual analysis of the literature and case law review on the phenomenon under investigation. The interviews were conducted with samples of seven categories of participants, namely, the accused persons, the convicted persons, the court officials, court interpreters, the DJ & COND Directors, the PanSALB and one University Centre for African Languages i.e. UCT. Through both methods, it was revealed that the legally enforceable methods that prefer the use of English and Afrikaans as languages of the courts and court records over the accused’s indigenous language or their mother-tongue in the entire trial thereby negating their right to a fair trial, are the provisions of the legislation and the Constitution and their application thereof, as well as legal instructions and culture. It was further revealed that this Act implied the elimination of the use of English and Afrikaans and creates opportunity to the accused’s right to use his or her mother-tongue as one of the indigenous languages in the entire trial thereby affording the accused the right to a fair trial. The study found that the two theories as designed and implemented revealed problems on the ground and helped this research to conclude that these legally enforceable methods created the feeling of unfair treatment amongst the users of the indigenous languages in court. It suggested that the three identified indigenous languages be used as languages of court and of court record.

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal & Procedural Law / LL.M.

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal and Procedural Law / LL.M.