Magister Legum - LLM (Criminal Justice and Procedure) / In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people lost lives in the two world wars and in conflicts in Rwanda, Sierra Leone and the former Yugoslavia. Although the International Military Tribunal and ad hoc courts prosecuted some of the major perpetrators in these conflicts, before then, many criminals such as German Kaiser, Wilhelm II, remained unpunished. The International Criminal Court (ICC) is the first permanent court with jurisdiction over the most malignant crimes threatening the peace, security and well-being of the world.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Contrariando a clássica concepção que se estabeleceu como paradigma e, praticamente, converteu-se em obstáculo epistemológico à idéia de que era possível um Direito Penal universal, consolida-se, cada vez mais, o fenômeno da internacionalização do direito, notadamente do direito penal. Este movimento de internacionalização do Direito Penal surge de uma dinâmica bipolarizada, vale dizer, por um lado alimentada pelas sistemáticas violações aos direitos humanos e, por outro, fomentada pelo sonho de um instrumento com legitimidade internacional para punir e processar os crimes mais graves à humanidade. Porém, ao contrário do quanto se pode imaginar, este ideal de proteção internacional dos Direitos Humanos não é novo e só com a superação da clássica concepção de soberania é que se completa o conjunto de condições compatíveis com a internacionalização do direito. Neste contexto surge a necessidade de aproximação entre os Direitos Humanos e o Direito Penal, já que estas ciências sempre foram consideradas incompatíveis entre si. Esta aproximação foi concretizada através do Tribunal Penal Internacional, porquanto sua implementação com o Estatuto de Roma, enquanto instrumento para repressão das mais graves violações aos Direitos Humanos, representa esperança de garantia aos direitos mais íntimos à família humana. / The phenomenon of law internationalization, specially criminal law, is increasingly consolidating, in spite of the established classical paradigm that practically turned into an epistemological obstacle to the idea that it was possible a universal criminal law. This trend of criminal law internationalization arises from a polarized dynamic, that is, one hand, fueled by systematic human rights violations and also fostered by the dream of an instrument with international legitimacy to punish and prosecute the most serious crimes against humanity. However, contrary to what one might imagine, this ideal of international protection of Human Rights is not new and only with the overcoming of the classical conception of sovereignty is that the set of conditions consistent with international law is complete. In this context, it arises the need for rapprochement between Human Rights and Criminal Law, since these sciences have always been considered incompatible. This approach was made through the International Criminal Court as its implementation with Rome Statute, as a tool for repression of the most serious human rights violations, represents hope of guarantee to the most intimate rights to the human family.

Magister Legum - LLM / The study objective has been to examine the progress and challenges of implementing the Rome Statute in Uganda and to what extent the substantive provisions of the Rome Statute are implemented by the International Criminal Court Act.

Magister Legum - LLM / The aim of this study is the coming into force of the Rome Statute of the International Criminal Court was a thriving success for the international community insofar as that it contributed greatly to international criminal law jurisprudence. The Rome Statute establishes the International Criminal Court and confers upon the ICC jurisdiction over the international crimes namely: the crime of genocide; crimes against humanity; war crimes and the crime of aggression

Magister Legum - LLM

The author addresses the following objectives: (1) Examines whether a state can withdraw a case upon which an indictment has been made by the International Criminal Court (ICC) (2) Determine and elucidate on the circumstances under which a referral can be withdrawn from ICC jurisdiction. (3) Clarifies whether a referral can be withdrawn if the referring state develops mechanisms for domestic trial of relevant ICC crimes / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr.Atangcho Akonumbo, Faculté des Sciences Sociales et de gestion, Université Catholique d’Afrique Centrale, Yaoundé Cameroun / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

<p>Kenya&rsquo / s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper&nbsp / evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual&nbsp / background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.<br /> <br /> &nbsp / </p>

<p>Kenya&rsquo / s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper&nbsp / evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual&nbsp / background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.<br /> <br /> &nbsp / </p>

Magister Legum - LLM / Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established. / South Africa

Magister Legum - LLM