Thesis (M.S.)--University of Wisconsin--Madison, 1961. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 123-137).

Approved for public release; distribution is unlimited. / In July 2002, the International Criminal Court (ICC) began operations as the primary international institution for the prosecution of war crimes, crimes against humanity and genocide or international crimes. During the 1990s, the United Nations Security Council authorized international war crimes tribunals for conflicts in the Balkans and in Rwanda. Despite the important developments that these institutions made in international criminal law, these courts have not contributed to the longterm capacity of post-conflict states to operate under the rule of law. In the late 1990s the United Nations started to use new types of hybrid tribunals designed to prosecute international crimes in post-conflict states that combined the power and expertise of the international community with the indigenous law and legal community. This thesis will use case studies to make a detailed evaluation of the institutions and the options facing the individual states and the international community when designing policies or authorizing a tribunal to try international crimes in a post-conflict environment. / Major, United States Marine Corps

Thesis (M.A. in National Security Affairs), June 2003. / Thesis advisor(s): Letitia Lawson, Karen Guttieri. Includes bibliographical references. Also available online.

Thesis (LL. M.)--University of Toronto, 2005. / Includes bibliographical references.

The protection regimes (international human rights law, international criminal law and international humanitarian law) are true expressions of the utopian ideals of the international community in trying to deal with mass human rights violations and atrocities. These expressions, however, can create hierarchies in the protection that is awarded and in a sense create categories of exclusion, rather than categories of protection. The subaltern outside these categories, the one that is not protected must be recognized. By using the definition of genocide, more specifically the mental component conceptualised in the Genocide Convention, the aim of this paper is to argue that the protection awarded is limited and therefore exclusionary. Starting from this premise, the question is whether the restrictive nature of the wording can be expanded using the tools of interpretation within international law. Drawing from the large corpus of legal tools, the aim of this paper is to show that there are ways to expand the categories in international criminal law, one of which is the idea of progressive development of the law. The Rome Statute and certain fundamental principles of international human rights law provide pillars of support to this argument. However, in trying to expand the categories of protection that is awarded, the rights of the alleged perpetrator must be taken into account and the Principle of Legality must be respected. / Within this contextual paralysis, the meta critique needs to be situated: That the fundamental aim of the crimes of all crimes is to protect the weak and helpless. Therefore, the philosophy of Emmanuel Levinas will be used to argue that the creation of priorities of protection cannot stand, as it does not recognize the other, rather only those that have become part of the self.

No description available.

No description available.

Recent events in East Timor and other regions have highlighted the dangers of leaving issues of self-determination unresolved for too long. Despite the tact that self-determination is one of the guiding principles of the UN Charter, many controversies over its precise meaning and application continue to preclude a coherent, comprehensive approach to the principle by Stales. This thesis analyses the main controversies over the right of all peoples to self-determination and suggests some conclusions as to the present status of this right under international law. The author also analyses potential approaches to enforcing a legitimate right to self-determination and concludes that there appears to be no effective enforcement mechanism, unless one has the support of a sovereign State in advocating one's cause. Historically, realisation of this right has more often involved a successful campaign of violence or coercion against the party denying the right, and subsequent recognition by the international community of the legitimacy of the campaign. Clearly, this situation is not conducive to international peace and security. The author argues that international criminal law may provide the only effective means of enforcing legitimate rights to self-determination at this time. This conclusion is drawn with reference to Professor M. Cherif Bassiouni's theory of five stages through which a human right evolves, from a mere aspiration, to a right whose breach attracts penal proscriptions. Bassiouni argues that, in international law, a human right becomes a suitable subject for international criminal law when effective enforcement modalities for that right have failed. The thesis concludes with a suggestion that the right to self-determination may be one of the rights protected under the 1998 Rome Statute of the International Criminal Court, within the definition of the crime against humanity of "persecution" (article 7(1)(h) & (2)(g)).

When should a commander be held responsible for the crimes of those under his control? Must a commander have known, or is it enough that he should have known, that his subordinates had committed or were about to commit a crime before we impose criminal responsibility on him for failing to prevent or punish those crimes? In attempting to answer these questions, the very foundations of criminal responsibility are set out and form the normative framework within which our examination of the command responsibility doctrine is undertaken. The historical evolution and modern-day application of the command responsibility doctrine are also set out and draws upon two themes; whether there is any justification for the distinction between the responsibility of military and civilian commanders and which mens rea standard should be adopted for the doctrine of command responsibility.

Thesis (doctoral)--Vereinigten Friedrichs-Universität, Halle-Wittenberg, 1932. / "Literaturverzeichnis": p. 226-233.