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The Global ETD Search service is a free service for researchers
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Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 3 of 3 (0.117 seconds)Spelling suggestions: "subject:"draft convention"" "subject:"graft convention""
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The crimes committed by UN peacekeepers in Africa: a reflection on jurisdictional and accountability issuesKalwahali, Kakule 27 June 2013 (has links)
This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up.
If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace.
This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted. / Criminal & Procedural Law / LL.D.
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The crimes committed by UN peacekeepers in Africa: a reflection on jurisdictional and accountability issuesKalwahali, Kakule 27 June 2013 (has links)
This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up.
If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace.
This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted. / Criminal and Procedural Law / LL.D.
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Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001Williamson, Myra Elsie Jane Bell January 2007 (has links)
The thesis examines the international law pertaining to the use of force by states, in general, and to the use of force in self-defence, in particular. The main question addressed is whether the use of force, which was purported to be in self-defence, by the United States, the United Kingdom and their allies against al Qaeda, the Taliban and Afghanistan, beginning on 7 October 2001, was lawful. The thesis focuses not only on this specific use of force, but also on the changing nature of conflict, the definition of terrorism and on the historical evolution of limitations on the use of force, from antiquity until 2006. In the six chapters which trace the epochs of international law, the progression of five inter-related concepts is followed: limitations on the resort to force generally, the use of force in self-defence, pre-emptive self-defence, the use of forcible measures short of war, and the use of force in response to non-state actors. This historical analysis includes a particular emphasis on understanding the meaning of the 'inherent right of self-defence', which was preserved by Article 51 of the United Nations' Charter. This analysis is then applied to the use of force against Afghanistan which occurred in 2001. Following the terrorist attacks of 11 September, the US and the UK notified the United Nations Security Council of their resort to force in self-defence under Article 51. Each element of Article 51 is analysed and the thesis concludes that there are significant doubts as to the lawfulness of that decision to employ force. In addition to the self-defence justification, other possible grounds for intervention are also examined, such as humanitarian intervention, Security Council authorisation and intervention by invitation. This thesis challenges the common assumption that the use of force against Afghanistan was an example of states exercising their inherent right to self-defence. It argues that if this particular use of force is not challenged, it will lead to an expansion of the right of self-defence which will hinder rather than enhance international peace and security. Finally, this thesis draws on recent examples to illustrate the point that the use of force against Afghanistan could become a dangerous precedent for the use of force in self-defence.
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