Magister Legum - LLM / This research analyzes Truth Justice and Reconciliation Mechanisms and Amnesties in the light of the Rome Statute to the International Criminal Court (ICC). The research looks strictly into the legal terms of the Rome Statute in order to see if their interpretation indicates that the Court is meant to ‘complement1’ such forms of justice mechanisms, especially when they are accompanied by amnesties. / South Africa

There is a stark regress in the development of international criminal justice, in particular the fight against impunity on the African continent. This study explores various legal aspects that have arisen between Africa and the International Criminal Court (ICC) since the indictment of President al-Bashir of Sudan by the Court. There is a presumption of conflict between some provisions of the Rome Statute, particularly Article 27 and Article 98. The indictment of President al-Bashir ICC has been the epitome of such a presumption. The African Union (AU) is among those opposed to the indictment of President al-Bashir and has requested the Security Council to defer the matter in accordance with Article 16 of the Rome Statute. The regional body has also refused to cooperate with the ICC in the arresting and surrendering of President al-Bashir to the Court on the basis of Article 98. Therefore, this study seeks to critically analyse the indictment of President al-Bashir by the ICC and the AU’s response to the same. The study further explores the legal validity of a deferral by the UN Security Council and the challenges it would will raise. The study also attempts to reconcile article 27 and article 98 of the Rome Statute in the context of President al Bashir’s indictment. In doing so, the study endeavours to weigh the legal elements in both of the arguments offered in support and against the action taken by the ICC. The reason for such a discussion is to investigate the nature of the jurisdiction the Court has upon President al-Bashir by virtue of UN Security Council Resolution 1593(2005), which referred the al Bashir case to the court. The discussion also investigates the nature of the legal obligations on members of the international community including Sudan, to cooperate with the ICC by arresting and surrendering President al-Bashir to the Court. In an effort to garner support for the ICC’s indictment of President al-Bashir, the study also looks at the operation of the principle of complementarity under the Rome Statute and various principles of International Criminal Law that affirm the ICC’s jurisdiction over the situation in Darfur and those principles that speak to the presumed liability of President al-Bashir. Although this study acknowledges the apparent competing demands of justice and peace, it challenges arguments that promote impunity and makes the case for addressing the AU’s concerns relating to the ICC. More importantly, the study suggests that the UN Security Council and the ICC should be consistent and in condemning atrocities wherever they are committed and should be impartial in referring perpetrators of atrocities to the ICC irrespective of their political status. In so doing a clear message may be sent to individuals like President al-Bashir that commission of atrocities will invite international accountability. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

This research aims to analyze the relationship between non-governmental organizations (NGOs) and the establishment of the International Criminal Court (ICC). To understand the making of the ICC and the role of NGOs in its making is the intention behind this research project. It is for this reason that this thesis begins with a detailed examination of the emerging roles of NGOs in international relations. Subsequently, the background of ICC’s making is mentioned. It is divided into two parts, including participation of states and participation of NGOs. Regarding participation of NGOs in the making of the ICC, NGO Coalition for the ICC (CICC) plays a crucial role in this campaign. In summary, the lessons learned from CICC can be concluded as follows: - setting and controlling the international political agenda - gathering and analyzing information quickly - using the media as a means of dissemination - increasing communications with States - coordinating information and strategy - reducing coalition-building costs - monitoring and implementing international law The creation of the ICC can be seen as a multilateral mechanism for concerted international human security efforts. If we can apply the lessons that CICC have learned, then many more successful campaigns will be expected soon.

Magister Legum - LLM

Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

Magister Legum - LLM

<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>

<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>

Magister Legum - LLM / The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage. / South Africa

Magister Legum - LLM