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Terrorism and International Criminal Court : the issue of subject matter jurisdiction
Dissertation (LLM)--University of Pretoria, 2011.
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| Format: | Thesis |
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University of Pretoria
2013
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| _version_ | 1867613585426874368 |
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| access_status_str | Open Access |
| author2 | Botha, C.J. (Christo J.) |
| author_browse | Botha, C.J. (Christo J.) |
| author_facet | Botha, C.J. (Christo J.) |
| collection | Thesis |
| dc_rights_str_mv | © 2011 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria |
| description | Dissertation (LLM)--University of Pretoria, 2011. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/26659 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:38:29.059Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/26659 Terrorism and International Criminal Court : the issue of subject matter jurisdiction Botha, C.J. (Christo J.) upetd@up.ac.za Mabtue Kamga, Mireille Criminal jurisdiction Crime Human rights violations Terrorism International Criminal Court (ICC) UCTD Dissertation (LLM)--University of Pretoria, 2011. Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism. Public Law unrestricted 2013-09-07T07:07:41Z 2013-07-29 2013-09-07T07:07:41Z 2013-04-18 2011 2013-07-25 Dissertation Mabtue Kamga, M 2011, Terrorism and International Criminal Court : the issue of subject matter jurisdiction, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://hdl.handle.net/2263/26659 > F13/4/624/gm http://hdl.handle.net/2263/26659 http://upetd.up.ac.za/thesis/available/etd-07252013-092758/ © 2011 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria application/pdf University of Pretoria |
| spellingShingle | Criminal jurisdiction Crime Human rights violations Terrorism International Criminal Court (ICC) UCTD Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title | Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title_full | Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title_fullStr | Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title_full_unstemmed | Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title_short | Terrorism and International Criminal Court : the issue of subject matter jurisdiction |
| title_sort | terrorism and international criminal court the issue of subject matter jurisdiction |
| topic | Criminal jurisdiction Crime Human rights violations Terrorism International Criminal Court (ICC) UCTD |
| url | http://hdl.handle.net/2263/26659 http://upetd.up.ac.za/thesis/available/etd-07252013-092758/ |