This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015

The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015

The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

Global demand for peacekeeping is growing, especially in Africa. The United Nations has traditionally been at the forefront of developing peacekeeping theory and practice, and remains the primary operational agency for peacekeeping in Africa. But increasing emphasis is being placed on the African Union to assume greater responsibility for peacekeeping on the continent. The AU is still comparatively new and is in the process of developing its peace and security architecture. Over the past decade, the international community has been supporting African peacekeeping, both to build AU capacity and to provide direct operational support. In 2005 the international community agreed a collective 'responsibility to protect' vulnerable civilians threatened by gross violations of their human rights. And civilian protection is increasingly included in the mandates of peacekeeping missions. Within the context of contemporary complex, multidimensional peacekeeping ('peace support'), civilian protection is not an exclusive operational objective, but is rather one of a number of mandated tasks aimed at establishing more sustainable security as part of a broader peacebuilding goal. The AU has embraced the responsibility to protect principle, adopting a constitutional commitment to protect the rights of vulnerable civilians, including through peacekeeping interventions if necessary. But how capable is the AU in practice to deliver effective peacekeeping to protect civilians? And how appropriate is international support to help realise this ambition?

At its core, this research project is a revision of how we conceptualise the role of international organisations. The concept of role is often invoked International Relations when discussing the function of institutions like the African Peace and Security Architecture (APSA), but its full meaning in this context has never been problematised, leading to varying perceptions of its meaning and a lack of common understanding in the discourse. In the case of the APSA, this lack of common understanding has led to a wide variance in how the role of the APSA is categorised, and a corresponding discrepancy in assessments of the institution’s success and utility, which has had a knock-on effect on policy recommendations, which also differ wildly from author to author. This thesis devises technical definitions for the various ways in which the word role is utilised in International Relations and related fields, and in so doing, aims to standardise our understanding of the role of institutions, using the APSA as a case study. After developing a new technical definition of role based on Role Theory, the thesis develops a research programme which sets out to investigate the true role of the APSA, based on an examination of how the APSA’s role has been shaped by key limiting and enabling factors, and how this role is shaped and influenced, and directed; all the while highlighting how it differs from the organisation’s stated role, and scholarly perceptions of that role.

Thesis (MA)--Stellenbosch University, 2011. / ENGLISH ABSTRACT: Somalia continues to intrigue scholars and policy-makers around the world, due to the fact that it is enduring what few others have, total state collapse. Not only does the situation defy easy explanation, the degree of state failure is unprecedented. After more than two decades without a functioning central authority, Somalia is now the longest-running instance of state collapse in postcolonial history. While researching and understanding state weakness and state failure is critical, it is useless unless combined with devising ways to prevent state failure in the future. Somalia provides policy makers with a unique opportunity to study the consequences of state collapse. Understanding the complex dynamics of state weakness and state collapse could ultimately help save the lives of thousands of people on the African continent. This study focuses on the mechanisms of coping by analysing the actors who have stepped up to fill the political vacuum left behind by the collapsing state. The role played by both state and non-state actors will be explored throughout this study. As it is not possible to address every actor who has played a part in Somalia since the implosion of the state in 1991, only the three most important internal and external actors will be analysed. The role played by the United Nations (UN) and the African Union (AU) will be discussed at length. The contributions made by neighbouring country Ethiopia, will also be investigated. Although the contributions and the impact of these external actors have in some instances led to undesired results, it does not change the fact that these actors attempted to fill the void in Somalia. Non-state actors positions within Somalia will also be examined in detailed. These actors include regional authorities, the role of Al-Shabaab, as well as the Islamic Courts Union. The study does not excuse the behaviour of these actors but rather discusses the rise of these organizations in light of the collapsing state and the position which they have taken up in Somalia to fill the political void. Lastly the role of the “Somali coast guards” also known as the Somali pirates, will be discussed.ipti / AFRIKAANSE OPSOMMING: Somalië bly die brandpunt van belangstelling vir geleerdes en beleidmakers dwarsoor die wêreld. Die hoofrede hiervoor is dat hierdie land ervaar het wat min ander lande het, naamlik algehele ineenstorting van die staat en bestuur. ‘n Maklike verduideliking of vereenvoudiging van die situasie is daar nie, want die ongeëwenaarde ineenstorting van stuktuur en staat, van Somalië is uniek. Twee dekades later is hierdie land nogsteeds sonder ‘n funksioneerende gesetelde staatsgesag. Hierdie tydperk is die langste voorbeeld van staatsineenstorting sonder herstel in post-koloniale geskiedenis. Navorsing en insig in elke staat se inherente swakhede en probleme help om mislukte bestuur te voorspel en te voorkom. Hierdie inligting moet korrek geimplimenteer en geinterpreteer word om krissise en mislukkings binne staatsbestel te verhoed. Somalië bied beleidmakers ‘n unieke geleentheid om die gevolge van totale staatsineenstorting te bestudeer en daaruit te leer. Net deur middel van begrip vir die komplekse dinamika van ‘n staat wat ineenstort en deur wanbestuur verswak word, sal daar uikoms vir duisende mense op hierdie vasteland kom. Sodoende sal ontelbare lewens in Afrika gered kan word. Hierdie studie analiseer die tegnieke van aanpassing, gebruik deur die rolspelers wat die politieke vakuum vul, wat deur die staatineenstorting nagelaat is. Die ondersoek fokus ook op die impak en effekte van beide interne en eksterne rolspelers. Aangesien dit onmoontlik is om die aandeel wat elke rolspeler sedert die ineenstorting van Somalië in 1991 gehad het te bestudeer, word net die drie belangrikste interne en eksterne rolspelers bespreek. Die Verenigde Nasies (VN), Afrika Unie (AU) en die buurland Ethiopië se bydraes sal ondersoek word. Alhoewel die bydraes en insette van hierdie eksterne rolspelers soms tot ongewenste resultate gelei het, bly die feit staan dat hulle probeer het om die leemtes in Somalië te vul. Ander belangrike rolspelers wat nie deel van die plaaslike regering is nie, sal ook in diepte bespreek word. Hierdie invloede binne Somalië sluit streeksowerhede in, asook die rol van Al Shabaab en die Islamitiese Howe Unie. Die studie verskoon nie die gedrag van die rolspelers nie, maar bespreek eerder die opkoms van hierdie organisasies. Dit word alles gesien in die lig van die ineenstorting van die staat en die posisie wat hulle in Somalië geneem het om mag te bekom en die politieke leemte te vul. Ten slotte word die omstrede rol van die "Somaliese kuswagte", anders bekend as Somaliese seerowers, bespreek.

This research makes use of a Constructivist approach to norm development, in particular the concept of the norm life cycle, to assess the emergence and development of the responsibility to protect as a norm in international society in relation to the conduct of interventions on humanitarian grounds. This study finds that the responsibility to protect emerged relatively rapidly in international society as a norm relevant to the formulation and implementation of international responses to conflict situations characterised by the commission of atrocity crimes. Indeed, between 2001 and 2010, this study finds that the responsibility to protect norm became codified and entrenched in international organisation, and could therefore have been expected to influence state behaviour, and the discourse surrounding that behaviour, in relation to the conduct of interventions on humanitarian grounds. However, through an assessment of the application of the norm through the United Nations and the African Union to the conflicts in the Darfur region of Sudan from 2003 onwards, the study finds that the norm, while featuring relatively prominently in discourse surrounding Darfur between 2007 and 2008 in the United Nations, appears to have receded thereafter, disappearing from discourse by 2009 altogether, and appears not to have been useful to the attainment of its content goal, namely preventing or halting the commission of atrocity crimes, in the case of Darfur. Indeed, the norm may even have contributed to complicating, as opposed to facilitating, international engagement on Darfur. This study explores the apparent contradiction between the emergence and entrenchment of the responsibility to protect norm in international society at the same time as the norm appears to have increasingly faded from discourse surrounding international responses to the conflicts in Darfur, and assesses the implications of this both for the future development and utility of the norm, as well as for future responses to conflicts characterised by atrocity crimes on the African continent.

<p>In this mini-thesis, I explore the New Partnership for Africa&rsquo / s Development&rsquo / s (NEPAD) Economic and Corporate Governance Initiative (ECGI). I argue that although this initiative is not the only means to, nor the end of determining whether the NEPAD is being implemented, the ECGI can be used as a good indicator of whether one important dimension of the NEPAD is implemented. I establish whether, through an analysis of the ECGI, that dimension of the NEPAD is being implemented by looking at the countries where the ECGI was implemented. I maintain the position that through the NEPAD, good governance in African countries is promoted and that is why the authors of the NEPAD document created the ECGI.</p>

<p>This dissertation explores the potential contributions of the mechanisms for early warning and intelligence sharing to regional security in Africa. The Continental Early Warning System (CEWS) and the Committee on Intelligence and Security Services of Africa (CISSA) are centrally concerned with the dissemination of information to enable decision-making on continental security. The main focus of the dissertation is on the manner in which the information generated by the CEWS and CISSA can contribute to regional security. In order to analyse the potential contribution of the CEWS and CISSA to regional security, a sound theoretical framework is proposed so as to explore how and why states choose to cooperate, as well as addressing multifaceted cooperation and integration at inter-state, government department and nonstate levels. Constructivist interpretations of international cooperation are utilised to explore the role of ideas, meanings and understandings in shaping behaviour. The focus is placed on the manner in which interaction as provided for by the CEWS and CISSA can shape understandings of reality and potentially impact on the definition of actors&rsquo / interests. This is based on the assumption drawn from security community and epistemic community theory that, enabling the creation of shared meanings and shared knowledge there is the potential for both the CEWS and CISSA to have a positive influence on the choices that stakeholders take in favour of peaceful change.</p>