Magister Legum - LLM / Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute. / German Academic Exchange Service (DAAD)

Termine Juni - Juli 2008

No description available.

Elève de Pradier, d’Ingres et de Duban le sculpteur, peintre et architecte Jean Antoine Étex (1808-1888) s'essayait à toutes les formes d'art laissant après son décès une œuvre abondante qui compte plus de 450 ouvrages. Déjà un nombre imposant de ses sculptures sont disséminées dans la capitale de la France. On les rencontre dans des endroits stratégiques de la métropole. Mais aussi beaucoup d’autres villes et musées de la France conservent des ouvrages importants de cet artiste. Parmis les œuvres les plus connues comptent les deux haut-reliefs « La Résistance » et « La Paix » à l’Arc de Triomphe de l’Étoile puis le groupe en marbre « Caïn et sa race maudits de Dieu », chef -d’œuvre de la sculpture romantique, conservé aujourd’hui au Musée de Lyon. En tant que républicain convaincu et adhérent du saint-simonisme, Étex participait activement aux révolutions de 1830 et de 1848 combattant incessamment pour l’instauration de la République. Sous la monarchie de juillet, il avait connu un grand succès et une grande célebrité mais son art fut peu estimé sous le second Empire. Gravement défavorisé par le gouvernement imperial, Étex perdait sa place parmi les premiers artistes de la France et ses œuvres tombaient aussitôt dans l’oubli. Ce présent thèse de doctorat fournit pour la première fois une biographie détaillée et un catalogue raisonné de l’œuvre de cet artiste important. Ses propres écrits (publications et correspondance), les documents dans les archives françaises ainsi que la critique d’art concernant ses œuvres y sont exploités. / Disciple of Pradier, Ingres and Duban the french sculptor, painter and architect Jean-Antoine Étex (1808-1888) created works in nearly all categories of art. He left after his death a highly impressive number of more than 450 works of art. A great deal of his sculptures are dispersed in the french capital city of Paris all placed at strategic locations. But also a lot of other french cities and museums conserve important works by this artist. Among the most famous sculptures made by him are certainly the two monumental reliefs “La Résistance” and “La Paix” at the Arc de Triomphe de l’Étoile as well as the marble group “Cain and his race coursed by God”, masterpice of the french romantic scuplture, conserved at the mueum of Lyon. As a convinced member of the republicain partie Étex took actively part in the revolutions of 1830 and 1848 fighting incessantly for the republic idea. During the monarchie de juillet his works achieved extreme success but after the instauration of the Empire his works were no more appreciated. Constantly ignored by the imperial government Étex lost his place among the first artists in France and his works were soon forgotten. This present dissertation constitutes for the first time a detailed biographie and a complete catalogue of the works of this important artist. His own writings (publications and correspondence), hundreds of documents from the french archives and the critiques of art concerning his works are seriously explored.

Les explications politiques de la fin de la monarchie de Juillet demandent à être reconsidérées. L’historiographie, s’appuyant sur les témoignages des acteurs qui l’ont combattue a insisté sur le refus du roi d’accorder la réforme électorale et parlementaire, refus appuyé par le cabinet ministériel dirigé par Guizot et par la Chambre des députés. La Charte de 1830 définissait le cadre d’un régime où le roi avait sa place et où le gouvernement devait chercher l’appui et le concours des chambres parlementaires. Dans ces conditions, le pouvoir exécutif devait obtenir l’assentiment des assemblées pour mener sa politique. Le refus de la réforme s’explique alors par l’obtention d’une majorité parlementaire acquise au gouvernement par des moyens peu avouables (élections manipulées, corruption, pressions de toutes sortes sur les députés) et la présence massive de députés fonctionnaires a priori dociles et obéissants. Était-ce vraiment le cas ? La dernière Chambre des députés élue en 1846 voit une victoire ministérielle incontestable plus fondée sur les effets du suffrage censitaire que par des manipulations. Le comportement de cette majorité durant cette courte législature révèle en fait que le cabinet s’occupa plus de composer avec les dissensions qui sont apparues en son sein que d’essayer de la diriger et de la dominer. En réalité, on en vient à se demander si Guizot, loin d’imposer son point de vue aux députés ministériels n’était pas en fin de compte le porte-parole de leurs aspirations conservatrices. / The political explanations for the downfall of the July monarchy require re-examination. Relying on testimonies from the politicians who battled against it, historiography gives preference to the king’s refusal of parliamentary and electoral reform, a refusal that was backed by the ministerial cabinet under the direction of Guizot and the Chamber of deputies. The Charter of 1830 laid the foundations of a regime with a place for the king, and where the government had to solicit the assistance and cooperation of the assemblies. In these conditions, in order to conduct its policies, the executive branch had to first obtain the consent of the assemblies. The refusal of reform is thus attributed to the government’s winning the parliamentary majority by dubious means (corruption, rigged elections, and putting deputies under pressure of all sorts) and the immense presence of bureaucrats who were assumed obedient and docile. Was this really the case? The monarchy’s last Chamber of deputies, elected in 1846, reached an incontestable ministerial victory, due more to the effects of censitary suffrage than rigging. The behavior of this majority over the short course of this term of office actually reveals that the cabinet was more concerned with dissent from within than it was with trying to lead and dominate it. By this one is led to wonder if Guizot, far from imposing his point of view on ministerial deputies, wasn’t actually the spokesperson for their conservative aspirations.

This thesis analyses and compares two historic commemorations in Northern Ireland with two in New Zealand, in the period from 1940 to 1990. These commemorations are the Twelfth of July and Remembrance Sunday in Northern Ireland, and Waitangi Day and Anzac Day in New Zealand. Examination of these commemorations has revealed several patterns. In the commemorations studied in this thesis, levels of public adherence generally depended on the extent to which the values that the commemoration symbolised were seen as threatened or highly needed. The commemorations which reaffirmed compelling values tended to enjoy higher levels of public support than those expressing values which were seen as either unnecessary or unthreatened. In both countries, historic commemorations were capable of uniting communities behind core values. However, in cases where there was no general agreement on what those values were or what they meant, commemorations frequently became sites of division and conflict. All four commemorations were regularly used by organisers and participants to express views on contemporary political and social issues and, on several occasions in both countries, different groups battled for the control of particular commemorations. In both countries, increased levels of social conflict often led to the increased use of the past as a rhetorical device. The main conclusion to be drawn from this study is that these historic commemora¬tions derived more of their meaning from their contemporary context than from the historical events which they commemorated. In particular, how the public viewed and understood the values symbolised and reaffirmed by the commemorations strongly affected their levels of support. People were most likely to observe the commem-orations when they were seen as symbolising values which were widely adhered to and seen as threatened or urgently needed. The historic commemorations examined in this thesis were often strongly affected by contemporary events which were seen as relating, positively or negatively, to the values which the commemorations embodied.

This thesis analyses and compares two historic commemorations in Northern Ireland with two in New Zealand, in the period from 1940 to 1990. These commemorations are the Twelfth of July and Remembrance Sunday in Northern Ireland, and Waitangi Day and Anzac Day in New Zealand. Examination of these commemorations has revealed several patterns. In the commemorations studied in this thesis, levels of public adherence generally depended on the extent to which the values that the commemoration symbolised were seen as threatened or highly needed. The commemorations which reaffirmed compelling values tended to enjoy higher levels of public support than those expressing values which were seen as either unnecessary or unthreatened. In both countries, historic commemorations were capable of uniting communities behind core values. However, in cases where there was no general agreement on what those values were or what they meant, commemorations frequently became sites of division and conflict. All four commemorations were regularly used by organisers and participants to express views on contemporary political and social issues and, on several occasions in both countries, different groups battled for the control of particular commemorations. In both countries, increased levels of social conflict often led to the increased use of the past as a rhetorical device. The main conclusion to be drawn from this study is that these historic commemora¬tions derived more of their meaning from their contemporary context than from the historical events which they commemorated. In particular, how the public viewed and understood the values symbolised and reaffirmed by the commemorations strongly affected their levels of support. People were most likely to observe the commem-orations when they were seen as symbolising values which were widely adhered to and seen as threatened or urgently needed. The historic commemorations examined in this thesis were often strongly affected by contemporary events which were seen as relating, positively or negatively, to the values which the commemorations embodied.

This thesis analyses and compares two historic commemorations in Northern Ireland with two in New Zealand, in the period from 1940 to 1990. These commemorations are the Twelfth of July and Remembrance Sunday in Northern Ireland, and Waitangi Day and Anzac Day in New Zealand. Examination of these commemorations has revealed several patterns. In the commemorations studied in this thesis, levels of public adherence generally depended on the extent to which the values that the commemoration symbolised were seen as threatened or highly needed. The commemorations which reaffirmed compelling values tended to enjoy higher levels of public support than those expressing values which were seen as either unnecessary or unthreatened. In both countries, historic commemorations were capable of uniting communities behind core values. However, in cases where there was no general agreement on what those values were or what they meant, commemorations frequently became sites of division and conflict. All four commemorations were regularly used by organisers and participants to express views on contemporary political and social issues and, on several occasions in both countries, different groups battled for the control of particular commemorations. In both countries, increased levels of social conflict often led to the increased use of the past as a rhetorical device. The main conclusion to be drawn from this study is that these historic commemora¬tions derived more of their meaning from their contemporary context than from the historical events which they commemorated. In particular, how the public viewed and understood the values symbolised and reaffirmed by the commemorations strongly affected their levels of support. People were most likely to observe the commem-orations when they were seen as symbolising values which were widely adhered to and seen as threatened or urgently needed. The historic commemorations examined in this thesis were often strongly affected by contemporary events which were seen as relating, positively or negatively, to the values which the commemorations embodied.

This thesis analyses and compares two historic commemorations in Northern Ireland with two in New Zealand, in the period from 1940 to 1990. These commemorations are the Twelfth of July and Remembrance Sunday in Northern Ireland, and Waitangi Day and Anzac Day in New Zealand. Examination of these commemorations has revealed several patterns. In the commemorations studied in this thesis, levels of public adherence generally depended on the extent to which the values that the commemoration symbolised were seen as threatened or highly needed. The commemorations which reaffirmed compelling values tended to enjoy higher levels of public support than those expressing values which were seen as either unnecessary or unthreatened. In both countries, historic commemorations were capable of uniting communities behind core values. However, in cases where there was no general agreement on what those values were or what they meant, commemorations frequently became sites of division and conflict. All four commemorations were regularly used by organisers and participants to express views on contemporary political and social issues and, on several occasions in both countries, different groups battled for the control of particular commemorations. In both countries, increased levels of social conflict often led to the increased use of the past as a rhetorical device. The main conclusion to be drawn from this study is that these historic commemora¬tions derived more of their meaning from their contemporary context than from the historical events which they commemorated. In particular, how the public viewed and understood the values symbolised and reaffirmed by the commemorations strongly affected their levels of support. People were most likely to observe the commem-orations when they were seen as symbolising values which were widely adhered to and seen as threatened or urgently needed. The historic commemorations examined in this thesis were often strongly affected by contemporary events which were seen as relating, positively or negatively, to the values which the commemorations embodied.

This thesis analyses and compares two historic commemorations in Northern Ireland with two in New Zealand, in the period from 1940 to 1990. These commemorations are the Twelfth of July and Remembrance Sunday in Northern Ireland, and Waitangi Day and Anzac Day in New Zealand. Examination of these commemorations has revealed several patterns. In the commemorations studied in this thesis, levels of public adherence generally depended on the extent to which the values that the commemoration symbolised were seen as threatened or highly needed. The commemorations which reaffirmed compelling values tended to enjoy higher levels of public support than those expressing values which were seen as either unnecessary or unthreatened. In both countries, historic commemorations were capable of uniting communities behind core values. However, in cases where there was no general agreement on what those values were or what they meant, commemorations frequently became sites of division and conflict. All four commemorations were regularly used by organisers and participants to express views on contemporary political and social issues and, on several occasions in both countries, different groups battled for the control of particular commemorations. In both countries, increased levels of social conflict often led to the increased use of the past as a rhetorical device. The main conclusion to be drawn from this study is that these historic commemora¬tions derived more of their meaning from their contemporary context than from the historical events which they commemorated. In particular, how the public viewed and understood the values symbolised and reaffirmed by the commemorations strongly affected their levels of support. People were most likely to observe the commem-orations when they were seen as symbolising values which were widely adhered to and seen as threatened or urgently needed. The historic commemorations examined in this thesis were often strongly affected by contemporary events which were seen as relating, positively or negatively, to the values which the commemorations embodied.