Thesis (Ph. D.)--University of Washington, 2001. / Vita. Includes bibliographical references (leaves 371-407).

Thesis (M.Phil.) - University of St Andrews, January 2007.

Thesis (Ph. D.)--Florida State University, 2006. / Advisor: Dale L. Smith, Florida State University, College of Social Sciences, Dept. of Political Science. Title and description from dissertation home page (viewed Sept. 13, 2006). Document formatted into pages; contains ix, 242 pages. Includes bibliographical references.

La jurisprudence de la Cour internationale de justice en matière de protection de l’individu tend à poser les bases d’une réflexion d’ampleur autour d’une évolution ayant pris forme après la Seconde guerre mondiale. Cette prise de conscience progressive a vu le jour grâce au développement conjoint des règles et principes du droit international humanitaire et du droit international des droits de l’Homme. Sous les relents d’une conception classique du droit international où l’individu est tributaire de la volonté des Etats, la Cour, principal organe judiciaire des Nations Unies, va reconnaître de manière progressive l’individu comme destinataire avéré de droits internationaux. Toutefois, cette volonté d’ouverture marquée par la consécration d’un corps de normes et principes applicable en toutes circonstances est tiraillée entre la protection effective des droits fondamentaux de l’individu et le respect de la volonté souveraine des Etats parties. / The case-law of the International Court of Justice on the protection of the individual is in the process of paving the foundations for a full-scale reflection on developments which took shape after the Second World War. This gradual awareness emerged thanks to the parallel development of rules and principles of international humanitarian law and international law on human rights. Under the umbrella of a classical concept of international law, where the individual is subject to the will of a State, the Court, the main judicial organ of the United Nations, will gradually see the individual as the recognized beneficiary of international rights. Nevertheless, this will to be more inclusive, reflected in the establishment of a body of norms and principles applicable in any circumstance, finds itself torn between actual protection for fundamental individual rights and respect for the sovereign will of States parties.

At the outset the International Criminal Court (ICC) was heralded as a revolution within international society, but it has since found itself at the centre of much controversy and debate. According to the Rome Statute’s Preamble, a broad aim of the ICC is: “to guarantee lasting respect for and the enforcement of international justice”. However, a review of the critical literature surrounding the ICC uncovered a noticeable lack of discussions applying theoretical understandings of justice to neither the Court’s design nor operations; a gap in the literature that the thesis aims to address. Moreover, the review identified that the primary concerns regarding the ICC’s performance all focussed on stakeholder practices. Combining these two observations, the thesis hypothesised that the controversies and issues facing the ICC emerged because the practice of the Court’s primary stakeholders has been incompatible with the demands of justice. In order to test this hypothesis, the thesis analyses the compatibility of the ICC with what the thesis identifies as the core theoretical demands of justice across three areas: purpose, procedure, and stakeholder practice. It does this by building a theoretical framework from the justice literature which is then used to analyse and critique data relating to the ICC’s purposes, procedures and stakeholder practices gathered from empirical observations, interviews, official documents and speeches. The thesis concludes that, for the most part, it is the practice of ICC stakeholders that have been incompatible with the demands of justice, not the Court’s purposes or procedures.

Thesis--Copenhagen. / "Bibliographie": p. [264]-267.

Thesis (Ph. D. in Political Science)--Vanderbilt University, Aug. 2005. / Title from title screen. Includes bibliographical references.

This thesis deals with international criminal justice, which began to influence international politics during the last twenty years. After the end of the Cold War, a lot of armed conflicts were breaking out. They were accompanied by unprecedented inhuman acts and atrocities. The international community had to find a solution for how to respond to such events. In 1993, the United Nations Security Council acted under Chapter VII of The Charter of the United Nations and decided unanimously upon the establishing of an ad hoc International Criminal Tribunal for the Former Yugoslavia. The Tribunal's role was to prosecute persons responsible for serious violations of international humanitarian law committed during the Balkans conflict. A year later, in 1994, the Security Council decided to establish another ad hoc tribunal - The International Criminal Tribunal for Rwanda, which served to punish the architects of Rwandan genocide. Both tribunals sped up negotiations and the decision to establish the permanent International Criminal Court, whose objective is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The crime of genocide, war crimes, crimes against humanity and in the future the crime of aggression. Firstly, this thesis analyses the ad...

Localized crime exists all over the world; however there are certain crimes that have effects globally. These crimes are committed by organizations with worldwide networks, posing a unique problem for law enforcement. Police agencies must coordinate their international efforts with many different nations that utilize disparate legal systems in order to suppress these criminal operations. The objective of this thesis is to provide information on some of the various topics related to the issue of transnational organized crime and law enforcement's response. Literature on various areas of organized crime such as drug and human trafficking, money laundering, and corruption is presented to further understanding of these topics. Additionally, literature discussing responses to international organized crime will also be included. Two case studies are presented and analyzed to help illustrate the information found in the literature. As criminal organizations become more global, law enforcement has to respond accordingly. This thesis provides an amalgamation of scholarly research to present a broad overview of the issues related to this topic.

This thesis examines how the promise and institutionalization of 'justice for victims' has shaped the ICC's justice vision and identity. Drawing on interviews with 90 practitioners in The Hague, Kenya and Uganda, it undertakes a sociological and institutional analysis of how 'justice for victims' has evolved in the Court's first two decades through the definitions and redefinitions, pushes and pulls, strategies and miscalculations of the Court's diverse actors both in The Hague and in the field. It argues that the introduction of 'justice for victims' has led to a rift within the Court between those who embrace a narrow understanding of justice as 'fair trials' and those who see the ICC as an opening for broader justice processes. These rifts and gaps are reinforced by the Court's actors in the field such as victims' lawyers and intermediaries who sometimes assume political advocacy roles beyond what the Court's judges envisaged or follow their parochial interests on the ground. While the ICC's judges have increasingly curtailed victim participation and reparation in the court room, the Court's practices on the ground reflect an uneasy fusion of legal justice, development, local and national politics with a proliferation of new justice concepts including 'transformative justice' and 'gender justice'. So far, these justice contestations have not chipped away, much less undermined, the Court's legitimacy. Rather, the Court has thrived on its justice contradictions; its failure to commit to any particular justice vision while loosely relating to all possible visions, has made the Court impervious to critique. But the thesis will also show that 'justice for victims' at the ICC is schizophrenic: it is inherently unstable and its contradictory dynamics may at some point rip the concept apart - and with it the Court's legitimacy.