The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...

Magister Legum - LLM / The Rome Statute established the International Criminal Court (the ICC) in July 2002 and South Africa was one of the first signatories. South Africa incorporated this statute into its domestic law by enacting the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (the Implementation Act). The preamble and article 1 of the Rome Statute, provides that the jurisdiction of the ICC is ‘complementary’ to national courts and that, therefore, States Parties retain the primary responsibility for the repression of international crimes.

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1 The Crime of Aggression under the Rome Statute of the International Criminal Court Abstract This diploma thesis deals with the Crime of Aggression, one of the four crimes under international law prosecuted by the International Criminal Court. The definition of this crime was adopted at the Kampala Review Conference in 2010 and the jurisdiction of the International Criminal Court was activated in 2018. This is a significant milestone in the development of international criminal law, as it means a possibility of prosecuting state "leaders" for acts of aggression against other states for the first time since the end of the Second World War. The goal of this thesis is to provide a brief summary of the historical development of the Crime of Aggression, to analyse and to evaluate the newly adopted definition. The jurisdiction of the International Criminal Court over the Crime of Aggression of the will be also assessed. Last but not least, the paper elaborates on whether the Crime of Aggression has become a custom in international customary law. The first chapter deals with the position of the Crime of Aggression in relation to other crimes under international law and the issue of terms and scheme of international criminal law. Chapter two describes the complex historical development of the Crime of Aggression....

Established in 1998, the permanent International Criminal Court (ICC) presents fundamental complexities for the concept of state sovereignty, while raising prospects for progressively developing international law and global governance in human security related areas. The Court's distinct history, negotiation and governance properties have significance well beyond international criminal justice. The ICC has broader implications for emerging forms of multilateral and transnational cooperation, the heightened standing and visibility of the individual person within the regulatory and protective precincts of international law, and the evolving role, capacity and disposition of the state in brokering, implementing and enforcing innovative governance arrangements. These analyses cross a number of sub-fields within international relations and global governance scholarship. A transcending dimension of my theoretical approach and intended contributions is the idea of state sovereignty as a meta-constitutive institution that fundamentally structures international law and politics, but is itself subject to subtle normative changes in its qualitative meanings and implications. As an institutional fulfillment of the post-Second World War proceedings at Nuremberg, the ICC strikingly departs from the conventional inter-national law of states. The Court seeks to uphold individual-focused human rights and humanitarian law safeguards, as reflected by the three crimes within its jurisdiction: genocide, war crimes, and crimes against humanity. Its jurisdiction over individual offenders is equally novel. The ICC is 'complementary' to national justice systems, and thus will directly administer justice only when states are demonstrably 'unwilling or unable' to conduct genuine proceedings. This distinct supranational governance format aims to facilitate national legislative and capacity-building measures to enhance the vigilance and effective functioning of domestic legal systems. The Court is the permanent organizational and normative focal point of an emerging program of enforcement and supporting efforts. More broadly, it contributes to the normative ideal and practical realization of a comprehensive and integrated global human security agenda. / Thesis / Doctor of Philosophy (PhD)

Crimes against humanity have become a global concern, garnering widespread media coverage over the past decade. Boko Haram's actions pose a threat to both domestic and international security, with frequent attacks on civilians, churches, security forces, and even international organizations like the United Nations. The group's impact is felt across all 36 states of Nigeria, impacting the country's socio-political and economic development. The absence of agreement on whether non-state actors can be held responsible for crimes against humanity in the same way as states, can create a potential risk of serious crimes going unpunished. As non-state actors are increasingly gaining influence and have the capacity to plan and execute widespread atrocities, it is crucial to address this issue. This research project aims to investigate whether there is an Organizational Policy behind Boko Haram’s atrocities and how it can be categorized as committing crimes against humanity under Article 7(2)(a) of the Rome Statute.

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<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of&nbsp / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central&nbsp / &nbsp / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of&nbsp / women&rsquo / s lives in post-conflict societies.</p>

<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of&nbsp / the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central&nbsp / &nbsp / question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of&nbsp / women&rsquo / s lives in post-conflict societies.</p>