This treatise addresses the possible creation of an African criminal court for individual criminal responsibility for crime of genocide, crimes against humanity, and war crimes. It does so by critically analysing the Statutes of Special Court of Sierra Leone, International Criminal Tribunal for Rwanda, and Rome Statute of the International Criminal Court in relation to the provisions addressing the principle of individual criminal responsibility, jurisdiction, amnesty and immunity. Another aim is to indicate the strength and weaknesses of the cited statutes in relation to the above provisions. Finally a further aim is to provide an analysis of the statutes, and any other international law applicable and determine whether Africa needs a separate criminal court. The principle conclusion is that statutes are facing challenges in relations to the provisions above. It is established that Africa does not have a regional criminal court and the African Union has attempted to extend jurisdiction of the African Court of Justice and Human Rights to criminal jurisdiction but the process has amounted to heavy criticism and unforeseen legal implications. It is eventually concluded that Africa may consider the creation of a separate criminal court for the future and such a court is currently not needed. Support should be given to the ICC.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:10288 |
| Date | January 2012 |
| Creators | Philimon, Levina Kiiza |
| Publisher | Nelson Mandela Metropolitan University, Faculty of Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Masters, LLM |
| Format | viii, 86 leaves, pdf |
| Rights | Nelson Mandela Metropolitan University |
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