- Title
- The application of the Rome Statute of the International Criminal Court to illegal natural resource exploitation in the Congo conflic
- Creator
- Tsabora, James
- ThesisAdvisor
- Juma, Laurence
- Subject
- International criminal law -- Congo (Democratic Republic) Criminal procedure (International law) Natural resources -- Law and legislation -- Congo (Democratic Republic)
- Date
- 2013
- Date
- 2013-03-27
- Type
- Thesis
- Type
- Doctoral
- Type
- PhD
- Identifier
- vital:3665
- Identifier
- http://hdl.handle.net/10962/d1002612
- Description
- This thesis explores the phenomenon of illegal natural resource exploitation in conflict zones and the application of international criminal law, particularly the Rome Statute of the International Criminal Court to combat the roblem. Contemporary African conflicts, such as the Democratic Republic of Congo conflict explored as a case study herein, have become increasingly distinguishable by the tight connection between war and various forms of illegal natural resource exploitation, particularly targeting valuable and precious mineral resources. With their incidence being highest in Africa, wars funded by illegally exploited natural resources have gradually become one of the greatest threats to regional peace and human security on the African continent. The Congo conflict clearly demonstrated the problematic nature and impact of illegal natural resource exploitation and the widespread human, economic and political costs associated with this phenomenon. This thesis is based on the initial assumption that the quest by conflict actors to profit from war through illegal natural resource exploitation activities is at the centre of the commission of serious human rights violations as well as the complexity and longevity of African conflicts. Developments in international criminal law, culminating in the adoption of the Rome Statute and the establishment of the International Criminal Court, have given impetus to the argument that any group of conflict actors should be subjected to the individual criminal responsibility regime of this legal framework. A further underlying assumption of this thesis is therefore that international criminal law can constrain the acts and conduct defined in this thesis as illegal natural resource exploitation activities since they constitute war crimes under the Rome Statute framework. However, despite illustrating the illegal resource exploitation activities of various state and non-state actors, this thesis is confined to an application of the Rome Statute based international criminal liability regime against members of armed rebel groups involved in such acts. In exploring these issues, this work examines international criminal law institutions and the relevance of international criminal justice in addressing particular phenomena prevalent during African armed conflicts. It further provides the stage to assess the potential of international criminal law in safeguarding natural resources for the benefit of African societies perennially exposed to the depredations of natural resource financed warfare.
- Description
- Microsoft� Office Word 2007
- Description
- Adobe Acrobat 9.53 Paper Capture Plug-in
- Format
- 331 leaves, pdf
- Publisher
- Rhodes University, Faculty of Law, Law
- Language
- English
- Rights
- Tsabora, James
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