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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    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.
1

South Africa’s responsibility to investigate and/or prosecute international crimes

Graf, Amori 29 May 2014 (has links)
LL.M. (International Law) / Although international law is still a relatively new field within the South African legal system, South Africa has come a long way since the unsuccessful prosecution of Wouter Basson (1999- 2002) for apartheid crimes in the North-Gauteng high court. Recent cases as well as media reports have focused the attention once again on South-Africa‟s obligation to investigate and prosecute certain international crimes. Although criminal investigation and prosecution is generally, not only the duty of a domestic legal system, but also within the discretion of the domestic authorities, certain offences are so heinous that they are regarded as international crimes. It has been accepted since the Nuremburg trials, conducted after World War II, that the whole international community has an interest in the effective punishment and deterrence of international crimes.2 A right and sometimes even a duty to prosecute international crimes may arise from a multilateral treaty to which a state is party, such as the Rome Statute of the International Criminal Court, the four Geneva Conventions of 1949 and the Additional Protocols thereto, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and various terrorism conventions. South Africa is a signatory to the abovementioned treaties. The focus of this dissertation is on South Africa‟s responsibility in terms of international law to investigate and prosecute international crimes. The author researched the question whether South Africa complied with its international law obligations.
2

The protection of water during armed conflict

Gernandt, Leon 11 1900 (has links)
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International & Indigenous Law / LL.M. (Public International Law)
3

The protection of water during armed conflict

Gernandt, Leon 11 1900 (has links)
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International and Indigenous Law / LL.M. (Public International Law)

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