This thesis analyzes the technical definition of the crime of persecution for the purpose of prosecutions at the International Criminal Court. The provisions on the crime of persecution are found in Article 7(1)(h) and Article 7(2)(g) of the Rome Statute and Article 7(1)(h) of the Elements of Crimes. Lack of clarity is a difficulty with these provisions. The writer analyzes the provisions by pooling together primary and secondary sources and drawing on the customary international law that has emerged from the ad-hoc International Criminal Tribunals established between 1945 and 2003.

This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition. / International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.

Thesis (LL. M.)--University of Toronto, 2005.

Thesis (M.A. (Human Rights))--Mahidol University, 2004.

Thesis (M.A. in Stabilization and Reconstruction)--Naval Postgraduate School, March 2005. / Thesis Advisor(s): Douglas Porch, Nancy Roberts. Includes bibliographical references (p. 65-69) Also available online.

Thesis (M.A. in International Security and Civil-Military Relations)--Naval Postgraduate School, December 2002. / Thesis advisor(s): James Holmes Armstead, Thomas Bruneau. "AD-A411 084." Includes bibliographical references (p. 129-134). Also available online.

Written for the Faculty of Law. Title from title page of PDF (viewed 2010/03/26). Includes bibliographical references.

Abstract not available. / Thesis (LL.D.)-University of KwaZulu-Natal, Durban, 2011.

<p>In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned.</p>

- SEXUAL VIOLENCE IN ARMED CONFLICT - THE ROLE OF THE INTERNATIONAL CRIMINAL COURTS The purpose of this thesis is to describe the phenomenon of sexual violence against women in armed conflicts and to describe the influence of the international criminal courts in understanding of this phenomenon. Sexual violence appears in almost every armed conflict. Until the establishment of the international criminal courts in the ninetees the issue of sexual violence against women in armed conflict was overlooked. The prohibition of such treatment was existing, for example The Hague Convention or The Geneva Convention, however no efficient sanction mechanism to punish the perpetrators was existing. The violence against woman was moreover understood as her honour attack without any consequences for the community and the society as a whole. It was a private crime. Mass violation of the human rights in the area of Former Yugoslavia and Rwanda made the United Nations to begin with prosecuting and punishing such treatment. Rape and other forms of sexual violence was recognized as a war crime and the crime against humanity on the basis of the judgements of the international criminal courts. Rape can, under certain circumstances, fulfill the fact of the case of genocide. The international criminal courts strongly made...