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The prosecution of international crimes in respect of the Democratic Republic of the Congo : critical evaluation of the factual background and specific legal considerationsMateru, Sosteness F. January 2010 (has links)
<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>
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The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluationKuner, Janosch O. A. January 2010 (has links)
<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The  / proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
  / </p>
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International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situationKituku, Carolene January 2010 (has links)
<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  / 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.<br />
<br />
  / </p>
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Transnational criminal justice and crime prevention: an international and African perspectiveAdonis, Bongiwe January 2011 (has links)
<p>This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Councilâs referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen / such as the questions where the ICCâs jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions.</p>
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The perceived right to violate woman :|bdress as a case studyKwenaite, Sindiswa Mmabakwena Catherine. January 2012 (has links)
M. Tech. Textile design and Technology Tshwane University of Technology 2012. / The aim of this research is to investigate the perceived right to violate women, specifically when female dress choice is used as justification for violation. This research explores the high statistics of sexual violence in South Africa which form the context in which the problem is investigated. Female dress is used as a case study through which the high prevalence of gender violence in South Africa is explored. The research focuses on dress as a casual factor regarding female violation. Male perceptions of dress are explored as well as factors that influence these perceptions. The perceptive of social cognition and social psychology of dress as well as the theories of influence, attribution and modesty are used to gain insight into the process of creating perceptions and how these perceptions lead to certain types of behavior towards women dressed in a certain way. The above theories and perceptive are used to analyze three South African case studies. These case studies were gathered from media reports on three prominent incidents which occurred in South Africa in which dress was used as justification for female violation.
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Bounded justice: gender, space and the law in early twentieth century VancouverBoyer, Laura Kate 05 1900 (has links)
This thesis represents a selective consideration of the
relationships between gender, space and the law in early
twentieth century Vancouver, based largely on the cases of
sexual violence against women heard before the B.C. Supreme
Court in the years between 1915 and 1925. Within these
parameters, constructions of space and gender are addressed at
three levels. Part one considers how both women and men were
situated within early twentieth century legal discourse in the
context of trials for sexual violence. Part two suggests how
gendered understandings of urban space in early urban
Vancouver were produced and reinforced within, and beyond,
legal discourse. Finally, part three situates these processes
within a wider context of statemaking in early twentieth
century British Columbia. It is argued that legal processes
were one mechanism by which space in fledgling Vancouver was
coded in gendered and sexualized terms, and further, that
these social meanings of space were fundamentally bound up
with prevailing conceptions of race and class.
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Exploring partner violence : experiences of female university students in Durban.Nkosi, Khethokuhle. January 2011 (has links)
Intimate partner violence remains an international public health concern and a human right issue. Fewer studies have been undertaken to address the impact of partner violence on the well being of female university students. The focus has been mainly on adults’ intimate relationships such as marriage and cohabitation. The purpose of this qualitative study was to explore the factors contributing to the perpetration of intimate partner violence among female university students in Durban. It also seeks to understand the consequences of partner violence as well as barriers in reducing partner violence among female university. The study used mixed methods of data collection. 15 in-depth interviews and three focus groups discussions were conducted in Durban. Consistent with previous research, this study found that young female university students do experience different forms of intimate partner violence, such as physical violence, sexual and verbal abuse by an intimate partner. It also shows various consequences associated with the perpetration of violence against them. Various reasons were reported as barriers in reducing partner violence against female university students. Young women accept partner violence as normal in intimate relationships. Some cases of violence are not reported in law enforcement institutions by young women which make it difficult to prevent partner violence in intimate relationships. These serve as a cause for concern as it put these women at risk of future violence. There is a great need for intimate partner violence prevention programmes in South African educational institutions including the universities. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2011.
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The prosecution of international crimes in respect of the Democratic Republic of the Congo : critical evaluation of the factual background and specific legal considerationsMateru, Sosteness F. January 2010 (has links)
<p>The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.</p>
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The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluationKuner, Janosch O. A. January 2010 (has links)
<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The  / proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. <br />
  / </p>
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Transnational criminal justice and crime prevention: an international and African perspectiveAdonis, Bongiwe January 2011 (has links)
<p>This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Councilâs referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen / such as the questions where the ICCâs jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions.</p>
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