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Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda

Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.

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Other Authors: Onoria, Henry
Format: Thesis
Language:English
Published: University of Pretoria 2006
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access_status_str Open Access
author2 Onoria, Henry
author_browse Onoria, Henry
author_facet Onoria, Henry
collection Thesis
dc_rights_str_mv Centre for Human Rights, Law Faculty, University of Pretoria
description Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
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institution University of Pretoria (South Africa)
language English
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provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2006
publishDateRange 2006
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spelling oai:repository.up.ac.za:2263/1072 Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda Onoria, Henry Hailegebriel, Debebe UCTD Genocide International courts International Criminal Court International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia National courts Right to a fair trial Human rights Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala "This paper deals with the prosecution of a crime of crimes, genocide, at international and national levels. The international community has shown interest in penalizing perpetrators of gross human rights violations since the Nuremberg trial, and then the adoption of the 1948 UN Genocide Convention. After these times, significant numbers of international tribunals, although at an ad hoc level, have been established to punish gross violations of human rights including the crime of genocide. Along with these tribunals, quite a number of national courts have engaged in the prosecution of genocide. Nevertheless, due to legal and practical problems, the two legal systems are adopting different approaches to handle the matter, although the crime is one and the same. Therefore, the objective of this paper is to assess critically where the difference lies, the cause and impact of the disparity on the rights of the accused to fair trial. Moreover, the study will posit some recommendations that might assist to ameliorate this intermittent situation." -- Synopsis. "This work consists of five chapters. Chapter one is addressing the general introduction of the work, and it has already been discussed. Chapter two deals with the crime of genocide and its criminal responsibility as indicated under different national and international laws. The third chapter is devoted to focus on the right to fair trial and the prosecution of genocide, and specifically addresses the issues of the right to legal assistance, speedy trial, obtain and examine evidence, and sentencing. In chapter four the role of the Rome Statue in protecting the rights of the accused, its impact on on national laws, the complementarities of the International Criminal Court and national courts will be discussed. Finally, the work will come to an end by giving concluding remarks and recommendations under the fifth chapter." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-13T08:46:40Z 2006-11-13T08:46:40Z 03-Oct 2003 Mini Dissertation Hailegebriel, D 2003, Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1072> http://hdl.handle.net/2263/1072 en LLM Dissertations 2003(23) Centre for Human Rights, Law Faculty, University of Pretoria 348363 bytes application/pdf application/pdf University of Pretoria
spellingShingle UCTD
Genocide
International courts
International Criminal Court
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the Former Yugoslavia
National courts
Right to a fair trial
Human rights
Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title_full Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title_fullStr Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title_full_unstemmed Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title_short Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda
title_sort prosecution of genocide at international and national courts a comparative analysis of approaches by icty ictr and ethiopia rwanda
topic UCTD
Genocide
International courts
International Criminal Court
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the Former Yugoslavia
National courts
Right to a fair trial
Human rights
url http://hdl.handle.net/2263/1072