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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 goal of this diploma thesis is to analyse the trend of foreign direct investment into mining industry in Africa. In this thesis, I focus solemnly on the extraction of minerals, excluding the oil and gas industry. The analysis looks at the FDI from a historical perspective in the new millennium up to the current situation, which is characteristic for low commodity prices, which subsequently depress the activities of mining corporations. Furthermore, the important part of the thesis is also the projection of future development of FDI, the analysis of the correlation between commodity prices and FDI development and the research of African investment environment. A brief case study regarding the real-life foreign direct investment into copper mining projects in Democratic Republic of the Congo is carried out in the end of this thesis. In this case study I present details about this project, however, also the professional opinion of co-head of mining division at Trafigura, Emmanuel Henry, on the investment environment in Africa in regard to the mining industry and his feelings about the future development of the investment.

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

This Master's thesis is devoted to the study of Demobilization, Disarmament, and Reintegration programs for children formerly associated with armed groups. Its main task is to critically assess the implementation of child Demobilization, Disarmament, and Reintegration programs, to identify the main challenges of these programs, and to provide recommendations for their future improvement. The theoretical part of the work focuses on the concept of child soldiers and the concept of disarmament, demobilization, and reintegration. The work examines the case study of the Democratic Republic of the Congo closely. It explores the history of the conflict, the history of using child soldiers, and the history of Demobilization, Disarmament, and Reintegration programs in the Democratic Republic of the Congo. Furthermore, this work analyzes the phenomenon of child soldiers in the Democratic Republic of the Congo and the challenges the current Demobilization, Disarmament, and Reintegration programs are facing and provides recommendations for the Congolese government and for the international actors which are providing the Demobilization, Disarmament, and Reintegration programs for children in the Democratic Republic of the Congo. The work concludes that through the implementation of new policies on the national...

Rechargeable batteries are set to power sustainable development by 2030. In this context, the increasingly important role of certain ‘strategic minerals’ used in emerging renewable technologies has become highly topical. As the geopolitical landscape is changing as the world moves away from fossil fuels, a surge in demand for these minerals will entail an increase of production at unprecedented levels. A case in point and a focus of analysis in this thesis is the extractive sector sourcing one of the most important of transition minerals ‘cobalt’ that is predominantly mined in the Democratic Republic of the Congo (DRC). Against the challenge of a secret and non-transparent mining industry, this thesis has identified and listed all operational and openly communicative Multinational Corporations (MNC’s) extracting cobalt in the DRC. By conducting a critical discourse analysis on seven different cobalt extracting MNC’s, the analysis unveils different ways in which the companies ‘frame’ cobalt as strategic. Thus, a new and relevant ‘material-discursive framework’ has been utilised to bridge the underlying discourses of these companies with their material practices relating to cobalt. By employing this theoretical framework, the findings point at three main logics of corporate narrative the MNC’s in the sample use to form and maintain their operational activities: securitisation, environmentalism and developmentalism. Central discourses within these themes point at the way in which companies seek to maintain their economic security and legitimacy in an increasingly contested industry by continuously representing themselves as central actors with the responsibility and knowledge to deliver sustainable development for local communities affected by the industry in the DRC and for the sustainability transition.

United Nations Peacekeeping has proven to be remarkably effective at reducing violence against civilians - without using compellent force. A recent turn towards peace enforcement raises the questions: Does the use of force within a peace enforcement mandate affect the use of violence against civilians by an armed group? If this is the case, by what mechanism does this effect occur? This thesis provides two novel explanations on how the use of force by peacekeepers could affect violence against civilians by the targeted armed group. One predicts decreased- and the other one increased levels of violence. These explanations are tested on the Force Intervention Brigade, which was deployed to the Democratic Republic of the Congo in 2013. A most similar comparison between the three most powerful armed groups in North Kivu at the time is drawn and examined with the method of structured focussed comparison. The most similar comparison does not reveal a clear correlation. Yet, temporal order as well as anecdotal evidence give tentative support for the main argument of the thesis. It suggests that compellent force against an armed group leads to strengthened deterrence and physical separation, which ultimately results in fewer civilian targeting.

This thesis aims to explore selected theoretical approaches investigating the causes of conflicts on the African continent and then try to apply it to the particular case of the Democratic Republic of Congo and its second war, running from 1998-2003, and then assess the impact of each selected causes of this particular Congolese conflict. This Work in the first chapters outlines the chosen theories related to the causes of armed conflicts in Africa, focusing on three selected causes of conflict: natural resources, ethnicity and weak state. These chapters are theoretical basis for the analysis found in the final chapter. It then evaluates the impact of chosen variables on the outbreak of the Congolese war. Based on the analysis the author draws the following conclusions: 1st the main cause of the second war in the DRC, running in the years 1998 - 2003, can be considered as raw materials, or the efforts of rebel groups and neighboring countries to control and subsequent illegal mining of mineral wealth of The Congo; 2nd although ethnic factors are not the main cause of the second Congolese war, their impact on the conflict, especially in the early days of the conflict is obvious; 3rd nature of the State, namely the weakness of the Government of DRC, ranked according to key indicators, turns out to be the most...