Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL
In Chapter One, I intend to examine the development of CIL and delimit the parameters of the traditional doctrine. In doing so, I hope to highlight the difficulties in its application in the area of international criminal law. In Chapter Two, I will contemplate the modern theories of CIL and illustr...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2014
|
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613206422224896 |
|---|---|
| access_status_str | Open Access |
| author | Cockburn, Kirsten |
| author_browse | Cockburn, Kirsten |
| author_facet | Cockburn, Kirsten |
| author_sort | Cockburn, Kirsten |
| collection | Thesis |
| description | In Chapter One, I intend to examine the development of CIL and delimit the parameters of the traditional doctrine. In doing so, I hope to highlight the difficulties in its application in the area of international criminal law. In Chapter Two, I will contemplate the modern theories of CIL and illustrate the circular nature of both the modern and traditional doctrines. In Chapter Three, I will re-imagine a definition of CIL that attempts to break this circulatory reasoning. In Chapter Four, I will detail the application of customary international criminal law norms both domestically and internationally. In particular, the jurisprudence of the ad hoc Tribunals serves as an indicator of the possible shortcomings of the definition of CIL and is illustrative of the dangers of defective application of the definition as it currently stands. By way of conclusion, I intend to examine how, under my re-imagined definition of CIL, the international and domestic judiciary should prove a rule of customary international criminal law. In doing so, I hope to illustrate that a workable definition of CIL is a real possibility. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4686 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:32:27.580Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4686 How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL Cockburn, Kirsten In Chapter One, I intend to examine the development of CIL and delimit the parameters of the traditional doctrine. In doing so, I hope to highlight the difficulties in its application in the area of international criminal law. In Chapter Two, I will contemplate the modern theories of CIL and illustrate the circular nature of both the modern and traditional doctrines. In Chapter Three, I will re-imagine a definition of CIL that attempts to break this circulatory reasoning. In Chapter Four, I will detail the application of customary international criminal law norms both domestically and internationally. In particular, the jurisprudence of the ad hoc Tribunals serves as an indicator of the possible shortcomings of the definition of CIL and is illustrative of the dangers of defective application of the definition as it currently stands. By way of conclusion, I intend to examine how, under my re-imagined definition of CIL, the international and domestic judiciary should prove a rule of customary international criminal law. In doing so, I hope to illustrate that a workable definition of CIL is a real possibility. 2014-07-30T18:19:07Z 2014-07-30T18:19:07Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4686 en application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Cockburn, Kirsten How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| thesis_degree_str | Master's |
| title | How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| title_full | How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| title_fullStr | How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| title_full_unstemmed | How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| title_short | How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL |
| title_sort | how to prove a role of customary international criminal law re imaging a definition of cil |
| url | http://hdl.handle.net/11427/4686 |
| work_keys_str_mv | AT cockburnkirsten howtoprovearoleofcustomaryinternationalcriminallawreimagingadefinitionofcil |