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Consequences of non-cooperation with the ICC

Mini Dissertation (LLM)--University of Pretoria, 2018.

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Other Authors: Tladi, Dire
Format: Thesis
Language:English
Published: University of Pretoria 2019
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access_status_str Open Access
author2 Tladi, Dire
author_browse Tladi, Dire
author_facet Tladi, Dire
collection Thesis
dc_rights_str_mv © 2019 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 Mini Dissertation (LLM)--University of Pretoria, 2018.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
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publishDateRange 2019
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spelling oai:repository.up.ac.za:2263/70111 Consequences of non-cooperation with the ICC Tladi, Dire u12261280@tuks.co.za Jacobs, Melville Ludwig UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The International Criminal Court has been tasked with the prosecution of individuals who have committed the most serious of international crimes; namely War Crimes, Crimes Against Humanity, Genocide and Aggression. Unlike domestic legal systems, the Court does not have an established body that is responsible for arresting suspects and securing their presence at trial and is therefore reliant on the cooperation of States in performing these functions. This cooperation regime is largely successful, with only a few instances of States being unwilling to respond to and cooperate with the requests of the Court. Seeing that non-cooperation from States negatively affects the ICC’s ability to function properly, it is crucial that there are appropriate legal consequences in place to address and punish non-cooperation. The purpose of this dissertation is to investigate the consequences that States face for failing to cooperate with the ICC. Firstly, the importance of international cooperation between States and the ICC shall be highlighted, with a brief discussion of the provisions on cooperation contained within the Rome Statute. This shall be followed by a discussion on how matters of non-cooperation are handled by the ICC and its associated bodies, with reference to specific cases and decisions on non-cooperation, as well as an evaluation and criticism of the remedies that have been developed to address non-cooperation This dissertation shall also investigate whether it is possible to further develop existing remedies to non-cooperation, or introduce additional remedies in order to strengthen cooperation and address and prevent non-cooperation. Public Law LLM Unrestricted 2019-06-02T11:40:07Z 2019-06-02T11:40:07Z 2019/04/04 2018 Mini Dissertation Jacobs, ML 2018, Consequences of non-cooperation with the ICC, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70111> A2019 http://hdl.handle.net/2263/70111 en © 2019 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 UCTD
Consequences of non-cooperation with the ICC
title Consequences of non-cooperation with the ICC
title_full Consequences of non-cooperation with the ICC
title_fullStr Consequences of non-cooperation with the ICC
title_full_unstemmed Consequences of non-cooperation with the ICC
title_short Consequences of non-cooperation with the ICC
title_sort consequences of non cooperation with the icc
topic UCTD
url http://hdl.handle.net/2263/70111