Magister Legum - LLM / This research paper will examine whether the ICC should de lege ferenda be accorded jurisdiction in respect of the crime of corruption. Through this approach, the paper will contribute to the existing literature on corruption that argues in favour of an elevation of corruption to a crime under international law and, in addition, will proffer a specialised mechanism for addressing the problem.

The Swedish refugee policy during the 1930’s and during the beginning of the Second World War can be described as restrictive. In the year 1939 the number of refugees in Sweden was about 4000. By the year 1945 the number was approximately 200 000. The responsibility for the reception of the refugees was mainly the governments. Since the late 1920’s, Swedish politics where largely formed by the Social Democratic party’s idea of the welfare state. Central to this idea and embodied in society was labour as almost a moral obligation. This thesis examines the relationship between the refugees, government bodies and the labour market policies in Sweden during the years for the Second World War. The purpose is to explore the government’s labour markets bodies’ relationship to refugees and labour by studying the government’s state officials. How was this relationship organized? Much of the previous research in the related area has focused on the government’s bodies rather than their state officials. Therefor this thesis adds a new perspective to this research area. The main questions of interest are how the labour market government bodies and their state officials where organized, and the challenges they were put before in the meeting with the refugees.A hypothesis for the thesis is that refugee reception and labour market politics are linked. A natural step in the reception of refugees is for government bodies to mediate them to the labour market. Refugees tend over time to transfer to labourers. A sociological theoretical approach in the thesis is that the individual is subordinated to the governing structure. In this regard, the state officials are to be seen as acting agents through the governing structure. Hence, two following questions regarding their autonomy in this structure are interesting: where the state officials to be regarded as agents acting out the policies directed to them? Where they also able to form policies? The primary source material consists of memorandums, reports and correspondence written by state officials. The research methodology is qualitative.The thesis results show that much of the government bodies’ work was made up by compromise and the ability to adapt to the current circumstances, dictated by the war. The state officials also seem to have been able to, in smaller cases, form policies. But mainly their actions should be regarded as part of a collective larger formative element (“formativt moment”) - the war itself dictated their options and formed Swedish labour market policies. The thesis also points to new areas of research. Could the same research model be applied on other, for example neutral, countries during the same period? Keywords: The Second World War, refugee reception, refugees, labour market policies, state officials

This Thesis deals with the Immunities of State officials, which arise under International law, from foreign criminal jurisdiction. The first goal of this thesis is to determine whether, and if so, under which conditions and in which cases can one sovereign State exercise its criminal jurisdiction over an official of another sovereign State. The second goal, closely attached to the first finding, is to determine whether, and if so, under which conditions and in which cases would such officials be protected and covered by the immunity and in which cases such immunity applies. The main task of this thesis is to analyse the current state of the application of immunities of State officials within the foreign criminal jurisdiction. These immunities are with regard to their different purpose and functions recognized in two diverse types - immunity ratione personae and immunity ratione materiae. The first chapter put emphasis on the criminal jurisdiction of foreign State in general and on its extraterritorial forms in particular. The exercise of such jurisdiction in some cases enables to prosecute and punish an official of a foreign State, who happens to be a criminal. The second chapter focuses on the concept of individual criminal responsibility and possible punishment of the criminal. The third chapter...

This thesis deals with immunities of state officials, from the high-ranking to less significant ones, from the criminal jurisdiction of a foreign state, and thus the question, if another state may exercise its jurisdiction over crimes perpetrated by state officials when the foreign state has power to punish such a crime. International law traditionally provides the highest protection to the head of state, but later evolved also the personal immunity of other senior officials, who act on the international level, that is head of government and minister for foreign affairs. In contrast to personal immunity, functional immunity protects all state officials, who perform an official act. The first chapter addresses the terms. It describes the terms immunity, its types and basic characteristics; the notion of state officials and foreign criminal jurisdiction. The second chapter engages in personal immunity (immunity ratione personae), its subjective, objective and temporal scope. The third chapter sheds light on the second type of immunity - the functional immunity (ratione materiae), apart from its scopes there are exceptions to functional immunity discussed. The fourth chapter provides with an overview of some significant cases connected to immunities of state officials. In the first subchapter you can...

This study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa. / Thesis (LLD)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted

In the perilous waters of the Mediterranean Sea, migrants find themselves facing limited choices when in distress. Their options are stark: either to rely on the lifesaving efforts of Non- Governmental Organisations (NGO) aid workers conducting Search and Rescue (SAR) Operations, to be intercepted by the Libyan Coast Guard (LCG) and subsequently detained in Libya where their human rights are gravely violated, or to face the tragic fate of perishing at sea. Unfortunately, the criminalisation of SAR Operations, spearheaded by NGO aid workers, hinders the rescue of migrants, thereby exacerbating the risks they face and leaving them vulnerable to interception by the LCG. This interception, as argued in this thesis, inevitably leads to the perpetration of Crimes Against Humanity (CAH) against these vulnerable migrants. This thesis sheds light on the issue of Italy’s increasing criminalisation and vilification of humanitarian aid workers engaged in SAR missions in the Mediterranean Sea. It critically examines the consequences of such criminalisation on the lives and rights of migrants, exploring the complex dynamics between SAR Operations, interception by the LCG, and the commission of CAH. Drawing upon a comprehensive lens of interpretation that integrates legal analysis, human rights principles, and the international legal framework, this study concludes that criminalisation of SAR operations is indeed a contributing factor towards the CAH faced by migrants in Libya. Moreover, it identifies the potential liability of Italian State Officials (ISO) at the International Criminal Court (ICC) for their role in enacting legislations that effectively criminalises SAR operations.