Critique of the International Criminal Court's Approach to International Criminal Justice in Selected African Jurisdictions
- Muringani, Tinotenda M (https://orcid.org/0000-0001-9758-1179)
- Authors: Muringani, Tinotenda M (https://orcid.org/0000-0001-9758-1179)
- Date: 2020-06
- Subjects: Justice , International criminal courts , Criminal Law
- Language: English
- Type: Master's/Doctoral theses , text
- Identifier: http://hdl.handle.net/11260/6445 , vital:46236
- Description: In 2002, the requisite number of ratifications to the Rome Statute was met, the International Criminal Court (ICC) was subsequently born. Just 16 years into its existence, the court finds itself under threat from the sovereign countries that at one stage, expressed their desire to improve the fight against impunity through a permanent international criminal court. But what has caused this shift? The ICC has been criticised for being a pro-African prosecution forum, this inference is drawn from the demographical distribution of the cases before the ICC that puts a significant majority of cases in Africa whereas other possible jurisdictions with similar cases have been left untouched by the ICC until recently. This study seeks to provide an analysis of the relationship between African states and the ICC. The study will provide a historical perspective on the development of International Criminal Law leading to the establishment of the International Criminal Court. This is followed by an analysis of the relations of the ICC and African states through three case studies of Kenya, South Africa and Sudan. The study will go further to provide an analysis of challenges that the ICC has faced with dealing with cases before and finally seek to explore the possibility of an alternative forum to prosecute perpetrators of international crimes centred in the African continent. , Thesis (MA) -- Faculty of Humanities, Social Sciences and Law, 2020
- Full Text:
- Date Issued: 2020-06
- Authors: Muringani, Tinotenda M (https://orcid.org/0000-0001-9758-1179)
- Date: 2020-06
- Subjects: Justice , International criminal courts , Criminal Law
- Language: English
- Type: Master's/Doctoral theses , text
- Identifier: http://hdl.handle.net/11260/6445 , vital:46236
- Description: In 2002, the requisite number of ratifications to the Rome Statute was met, the International Criminal Court (ICC) was subsequently born. Just 16 years into its existence, the court finds itself under threat from the sovereign countries that at one stage, expressed their desire to improve the fight against impunity through a permanent international criminal court. But what has caused this shift? The ICC has been criticised for being a pro-African prosecution forum, this inference is drawn from the demographical distribution of the cases before the ICC that puts a significant majority of cases in Africa whereas other possible jurisdictions with similar cases have been left untouched by the ICC until recently. This study seeks to provide an analysis of the relationship between African states and the ICC. The study will provide a historical perspective on the development of International Criminal Law leading to the establishment of the International Criminal Court. This is followed by an analysis of the relations of the ICC and African states through three case studies of Kenya, South Africa and Sudan. The study will go further to provide an analysis of challenges that the ICC has faced with dealing with cases before and finally seek to explore the possibility of an alternative forum to prosecute perpetrators of international crimes centred in the African continent. , Thesis (MA) -- Faculty of Humanities, Social Sciences and Law, 2020
- Full Text:
- Date Issued: 2020-06
A just culture : restoring justice towards a culture of human rights
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
- Full Text:
- Date Issued: 2005
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
- Full Text:
- Date Issued: 2005
Equality, resources and primary goods: Ronald Dworkin and John Rawls on the currency of egalitarianism
- Authors: May, Simon James Peter
- Date: 1996
- Subjects: Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2714 , http://hdl.handle.net/10962/d1002844 , Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Description: In this thesis I compare the work of Ronald Dworkin and John Rawls within the context of the 'equality of what?' debate. I argue that the Rawlsian paradigm offers a much more flexible defence of a resourcist approach to egalitarianism than Dworkin's theoI)' of' equality of resources'. I argue that Dworkin's fundamental distinction between persons and circumstances is flawed because it involves commitment to a view of the person which belongs in the realm of' comprehensive moral doctrines', rather than in the realm of a political theory of justice. I also argue that an alternative distinction between choice and luck, expressed in the 'luck-neutralising aim' of egalitarianism, is inappropriate since it too involves transgressing political constraints on theories of justice. Rawls's utilisation of primary goods in his theory of justice is supported by considerations derived from the work of Thomas Scanlon. The schematic picture of relative urgency which Scanlon advances provides the rationale for the use of primary goods, and also allows us to discriminate . between compensation for handicaps and compensation for expensive tastes. Scanlon's schematic picture also frees the utilisation of primary goods from criticisms raised by Amartya Sen. Lastly, I discuss arguments advanced by Susan Hurley which enable an interpretation of Rawls's original position device which is independent of the luck-neutralising aim. Her arguments are extended as a criticism of Dworkin's hypothetical insurance market.
- Full Text:
- Date Issued: 1996
- Authors: May, Simon James Peter
- Date: 1996
- Subjects: Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2714 , http://hdl.handle.net/10962/d1002844 , Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Description: In this thesis I compare the work of Ronald Dworkin and John Rawls within the context of the 'equality of what?' debate. I argue that the Rawlsian paradigm offers a much more flexible defence of a resourcist approach to egalitarianism than Dworkin's theoI)' of' equality of resources'. I argue that Dworkin's fundamental distinction between persons and circumstances is flawed because it involves commitment to a view of the person which belongs in the realm of' comprehensive moral doctrines', rather than in the realm of a political theory of justice. I also argue that an alternative distinction between choice and luck, expressed in the 'luck-neutralising aim' of egalitarianism, is inappropriate since it too involves transgressing political constraints on theories of justice. Rawls's utilisation of primary goods in his theory of justice is supported by considerations derived from the work of Thomas Scanlon. The schematic picture of relative urgency which Scanlon advances provides the rationale for the use of primary goods, and also allows us to discriminate . between compensation for handicaps and compensation for expensive tastes. Scanlon's schematic picture also frees the utilisation of primary goods from criticisms raised by Amartya Sen. Lastly, I discuss arguments advanced by Susan Hurley which enable an interpretation of Rawls's original position device which is independent of the luck-neutralising aim. Her arguments are extended as a criticism of Dworkin's hypothetical insurance market.
- Full Text:
- Date Issued: 1996
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