Thesis (LL.M.). / Written for the Faculty of Law. Title from title page of PDF (viewed 2009/09/04). Includes bibliographical references.

Thesis (D.Jur.Sc.)--University of Melbourne, Faculty of Law, 1999. / Includes bibliographical references (p. 309-321). Also available online at the University of Melbourne ePrint Repository.

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

Univ., Diss.--Tilburg, 2005. / Literaturverz. S. 499 - 519.

Thesis (doctoral)--Universität, Bremen, 2007. / Includes bibliographical references (p. [353]-356) and index.

This thesis explores the phenomenon of illegal natural resource exploitation in conflict zones and the application of international criminal law, particularly the Rome Statute of the International Criminal Court to combat the roblem. Contemporary African conflicts, such as the Democratic Republic of Congo conflict explored as a case study herein, have become increasingly distinguishable by the tight connection between war and various forms of illegal natural resource exploitation, particularly targeting valuable and precious mineral resources. With their incidence being highest in Africa, wars funded by illegally exploited natural resources have gradually become one of the greatest threats to regional peace and human security on the African continent. The Congo conflict clearly demonstrated the problematic nature and impact of illegal natural resource exploitation and the widespread human, economic and political costs associated with this phenomenon. This thesis is based on the initial assumption that the quest by conflict actors to profit from war through illegal natural resource exploitation activities is at the centre of the commission of serious human rights violations as well as the complexity and longevity of African conflicts. Developments in international criminal law, culminating in the adoption of the Rome Statute and the establishment of the International Criminal Court, have given impetus to the argument that any group of conflict actors should be subjected to the individual criminal responsibility regime of this legal framework. A further underlying assumption of this thesis is therefore that international criminal law can constrain the acts and conduct defined in this thesis as illegal natural resource exploitation activities since they constitute war crimes under the Rome Statute framework. However, despite illustrating the illegal resource exploitation activities of various state and non-state actors, this thesis is confined to an application of the Rome Statute based international criminal liability regime against members of armed rebel groups involved in such acts. In exploring these issues, this work examines international criminal law institutions and the relevance of international criminal justice in addressing particular phenomena prevalent during African armed conflicts. It further provides the stage to assess the potential of international criminal law in safeguarding natural resources for the benefit of African societies perennially exposed to the depredations of natural resource financed warfare. / Microsoft� Office Word 2007 / Adobe Acrobat 9.53 Paper Capture Plug-in

Thesis (LLM)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: The permanent International Criminal Court (ICC) will come into operation after the 60th ratification of the Rome Statute of the International Criminal Court of 1998. The ICC will have jurisdiction over the most serious international crimes, namely war crimes, genocide and crimes against humanity. The focus of this thesis is the difficulties surrounding the admissibility of a case before the ICC. There are basically two legs to this analysis: jurisdiction and complementarity .. Jurisdiction of the ICC is analysed in historical and theoretical context. This comprises an overview of the international tribunals since the First World War, and more specifically their impact on the development of jurisdiction in international criminal law. Secondly, the thesis is examining the jurisdiction of the ICC in terms of the specific provisions of the Rome Statute. This analysis comprises a detailed analysis of all the provisions of the Rome Statute that have an impact on the exercise of the ICC's jurisdiction. The relationship between the ICC and national courts is a difficult relationship based on a compromise at the Rome Conference in 1998. The principle underlying this relationship is known as "complementarity". This : means that the ICC will only exercise its jurisdiction if a national court is "unwilling" or "unable" to exercise its jurisdiction. A detailed analysis of the different provisions of the Rome Statute, as well as some references to other international tribunals, serve to analyse the impact of complementarity on the eventual ambit of the ICC's jurisdiction. In conclusion, some suggestions regarding the admissibility of cases and the difficult relationship between the ICC and national courts are made. / AFRIKAANSE OPSOMMING: Die permanente Internasionale Strafhof (ISH) sal met sy werksaamhede begin na die 60ste ratifikasie van die Statuut van Rome van 1998. Die ISH sal jurisdiksie uitoefen oor die ernstigste internasionale misdade, tewete oorlogsmisdade, volksmoord en misdade teen die mensdom. Hierdie tesis fokus op die probleme rondom die toelaatbaarheid van 'n saak voor die ISH. Hierdie ontleding het basies twee bene: jurisdiksie en komplementariteit. Die jurisdiksie van die ISH word in historiese en teoretiese konteks ontleed. Dit behels 'n oorsig van die internasionale tribunale sedert die Eerste Wêreldoorlog, en meer spesifiek die impak wat hierdie tribunale op die ontwikkeling van jurisdiksie in die internasionale strafreg gehad het. In die tweede plek word jurisdiksie ontleed aan die hand van die spesifieke bepalings van die Statuut van Rome. Hierdie ontleding behels 'n gedetaileerde ontleding van al die bepalings van die Statuut van Rome wat 'n impak het op die uitoefening van die ISH se jurisdiksie. Die verhouding tussen die ISH en nasionale howe is 'n komplekse verhouding, gebaseer op 'n kompromie wat by die Rome Konferensie van 1998 aangegaan is. Die beginselonderliggend aan hierdie verhouding staan bekend as "komplementariteit". Dit beteken dat die ISH slegs sy jurisdiksie sal uitoefen indien 'n nasionale hof "onwillig" of "nie in staat is" om jurisdiksie uit te oefen nie. 'n Gedetaileerde ontleding van die verskillende bepalings van die Statuut van Rome, sowel as verwysings na ander internasionale tribunale, dien om die impak van komplementariteit op die omvang van die ISH se jurisdiksie, te ontleed. Ten slotte word sekere voorstelle aangaande die toelaatbaarheid van sake en die verhouding tussen die ISH en nasionale howe gemaak.

This dissertation answers the question of what the proper balance is for victims with respect to the formation of a truth or truth and reconciliation commission that is formed to address the aftermath of an authoritarian regime or armed conflict. A review of the historical operation of entities that have operated in the aftermath of authoritarian regimes and armed conflict is conducted in this dissertation. From the Nuremberg and Tokyo trials to the present day, nations have struggled to try to devise a systematic way to deal with the aftermath of harm caused to victims as a consequence of authoritarian regimes and armed conflict. An examination of the various past truth and reconciliation commissions, the International Criminal Court, and various treaties is here juxtaposed with the Colombian Justice and Peace program implemented a decade ago to bring about peace and reconciliation in Colombia. This dissertation concludes that an entity formed with the purpose of achieving the proper balance for victims of an authoritarian regime or armed conflict, must have a truth-telling component that works in tandem with a specialized court conceived with the objective of operating alongside the commission. Thus, while there is a punitive aspect, the focus is more on the relationship between the events, solutions, and relief provided for victims. An entity with such a focus has various components, including truth-telling and some form of sanction or punishment, but always with the betterment of the past, present, and future victims as well as the subject society or country as its priority. In that vein, a set of proposed flexible guidelines are presented as the culmination of this dissertation. The flexible guidelines proposed here set forth a balanced system between the commission and the court that will provide for both punishment and reconciliation for particular countries and the victims. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

The International Criminal Tribunal for the Former Yugoslavia (ICTY) has been both contentious and successful. By examining the ICTY from a Levinasian ethical standpoint, we might be able to understand how the court uses language to enforce ethical and moral standards upon post-war societies. Using linguistic methods of analysis combined with traditional data about the ICTY, I empirically examine the court using ordinary least squares (OLS) in order to show the impact that language has upon the court's decision making process. I hypothesize that the court is an ethical entity, and therefore we should not see any evidence of bias against Serbs and that language will provide a robust view of the court as an ethical mechanism.

Public, Constitutional and International Law / LL. M.