3. Electronic Theses and Dissertations (ETDs) - All submissions
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Item Holding perpetrators of atrocity crimes to account: The interplay and effectiveness of humanitarian interventions and the ICC(2018) Lephuthing, TsholofeloSince the end of World War II, we have seen the international community have a great focus on achieving International Criminal Justice for atrocity crimes. This was done through the establishment of different tribunal courts such as the ones in Yugoslavia and Rwanda. This ultimately led to the creation of a permanent court- The International Criminal Court (ICC). This court was established in order to punish those that commit atrocity crimes such as genocide, war crimes, crimes against humanity, ethnic cleansing and crimes of aggression. The intervention in Libya in 2011 saw for the first time the Responsibility to Protect (R2P) doctrine and The ICC interact in the same situation. This research paper aims to explore the interplay between the International Criminal Court and Responsibility to Protect in holding those that are committing atrocity to account. This research paper will look at whether these two mechanisms can effectively work together in achieving justice. It will look at the conceptualisation as to why they should in fact be linked together. It will look closely at the role of R2P and the ICC in Libya and the impact of this for international criminal justice and what this means for future R2P and ICC cases.Item Justice beyond the international criminal court: towards a regional framework in Africa(2019) Clifford, CayleyThe last decade has seen a deterioration of the relationship between Africa and the International Criminal Court. Their interaction has been characterised by differences in the understanding of justice, allegations of bias and non-cooperation. Increased efforts by some African countries to create an alternative regional framework for justice can also be seen. This research report is interested in Africa’s criticisms of the International Criminal Court and will demonstrate these through the case studies of the Democratic Republic of Congo, Kenya and Sudan. Lastly, it will consider the potential of Africa's regional mechanisms for justice, in responding to the criticisms raised against the International Criminal Court. As such, it will evaluate the experiences of the Extraordinary African Chambers and the Special Court for Sierra Leone, extracting possible lessons and concluding on the prospects for the delivery of criminal justice in Africa, in the context of the African Court for Human and People’s RightsItem Organised hypocrisy? African union and the international criminal court(2017) Ntlhakana, Sethelile JoyceA feud between the African Union (AU) and the International Criminal Court (ICC) has been dragging for a while now. The indictment of President Omar Hassan Ahmad alBashir of Sudan and President Uhuru Kenyatta and his deputy president William Ruto in Kenya altered the cosy relations between the two organisations. Firstly, the AU contends that the ICC cannot prosecute heads of states that have immunity under international law. Secondly, the ICC disturbs the ongoing peace processes with its investigations. The AU accused the ICC of selecting African states for prosecution; as a protracted form of imperialism by prevailing western powers. Withstanding, some of the AU member states that are party to the ICC have willingly signed up to its jurisdiction. Besides, the AU’s founding documents support the fight against grave atrocities. Nonetheless, the AU has failed dismally to live up to the principles it endorses- which tantamount to hypocrisy. The contradictory rhetoric of the AU towards the ICC is not exclusive to the AU, but to international organisations due to conflicting pressures in external environments. The paper explains this empirical phenomenon by applying Organised Hypocrisy (OH) to capture such contradictory behaviour prone to international organisations.