This study is on the position of witnesses before the International Criminal Court (ICC) the extent to which they may be subject to the jurisdiction of this international organisation and what this tells us about the system of global governance. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The thesis evaluates the practice of the ICC, the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). The thesis examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC and other international criminal tribunals. The cosmopolitan theory becomes a way of understanding the assertions about international criminal institutions and a way of critiquing their practice and jurisprudence. It is used as an analytical tool to judge the extent to which these courts and tribunals exhibit cosmopolitan features. At the same time the theory is used as a normative framework to guide the permanent ICC in its dealings with witnesses and determine the position of witnesses before the ICC. Through this process the thesis reveals gaps between the theory and practice, recognising that in application and practice things like a cosmopolitan moral court are very problematic. The evidence from these criminal courts and tribunals most especially with regards to the sanctioning of witnesses for false testimony sets out how in an operational sense the assertions about cosmopolitanism are open to challenge. Notwithstanding this challenge, the thesis show how the gap between the theory and practice could be bridged and cosmopolitan features and principles could remain embedded in the permanent ICC.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:634756 |
| Date | January 2013 |
| Creators | Ngane, Sylvia Ntube |
| Publisher | University of Leeds |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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