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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

A comparative study on the implementation of the Rome statute by South Africa and Germany: a case of fragmentation of international criminal law

Silungwe, Fatuma Mninde January 2013 (has links)
Magister Legum - LLM / The Rome Statute established the International Criminal Court (ICC). It provides that the Court is complementary to national jurisdictions. This entails that the primary jurisdiction over core crimes lies at the domestic level. However, in the absence of express provision for implementation, States have adopted different methods in the incorporating of the substantive and the procedural provisions of the Rome Statute. The German Code of Crimes against International Law and the South African Implementation of the Rome Statute Act considered under this study are indicative of the existing divergence. This paper argues that complementarity necessitates the divergence in approach. It further argues that the diversity is an issue of pluralism rather than fragmentation of international criminal law.

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