Browsing by Author "Nakhjavani, Salim"

Now showing 1 - 7 of 7
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    An analysis of the legal regime governing transfer of cases from the International Criminal Tribunal for Rwanda (ICTR) to the Rwandan domestic justice system
    (2010) Ingabire, Mackline; Nakhjavani, Salim
    The International Criminal Tribunal for Rwanda (ICTR), established by the United Nations Security Council was originally set to wind up its affairs in 2010. However, by Resolution 1901 of the Security Council, ICTR's mandate has been extended to 2012.This will necessitate the transfer of residual cases to national courts for trial after it has closed. Rwanda considers itself a suitable candidate for referral, and hence has supported the ICTR Prosecutor's requests (five requests) for referral to its national courts.
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    The crossroads of justice : Sudan, the African Union and the International Criminal Court
    (2010) Gill-Austern, Gabriel Martin; Du Toit, Andre; Nakhjavani, Salim
    In July 2009, following the issuance of an arrest warrant for President Omar al-Bashir of Sudan by the International Criminal Court (ICC), the African Union (AU) passed a declaration of non-cooperation with the ICC. While all of the other cases in which the ICC had been involved also were located on the African continent, the AU's declaration was the first time any collective of African nations expressed significant dissatisfaction with the ICC. This thesis examinens the reasons the AU reacted so publicly and strongly to the ICC's pursuit of Bashir (and not to the cases already on the ICC's docket).
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    International criminal law: a selected case
    (2008) Nakhjavani, Salim
    Proceedings in the first trial before the International Criminal Court have been stayed on grounds of non-disclosure of exculpatory evidence by the Office of the Prosecutor, in circumstances described by the Trial Chamber as a 'wholesale and serious abuse'. On 13 June 2008, the judges of Trial Chamber I - Sir Adrian Fulford (United Kingdom), Elizabeth Odio Benito (Costa Rica) and René Blattmann (Bolivia) - rendered their 44-page Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008 ('the Decision').
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    Redefining state sovereignty: The complexities of Humanitarian intervention and the Responsibility to Protect
    (2009) Ofuani, Suzzie Onyeka; Nakhjavani, Salim
    At the time this statement was made by the former Secretary General of the United Nations, the international community was engulfed in a debate concerning humanitarian intervention and its effect on state sovereignty. Recent interventions in states such as East Timor, Haiti and Kosovo had sparked off concern regarding the tension between sovereignty and the recognition of human rights norms which has for a long time 'raged' within academic institutions and the international community as a whole. In the rhetoric of international politics, attempts to establish the responsibility of states to respect human rights within their jurisdictions are often countered with claims of sovereign equality and the principle of non-intervention.
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    Sexual violence victim-witnesses at the Special Court for Sierra Leone: Have lessons from ICTR been learnt?
    (2009) Kweka, Gift Joseph; Nakhjavani, Salim
    Rape and other forms of sexual violence are increasingly becoming the order of the current armed conflicts of both internal and international characters no matter what the reasons behind the conflicts are. These inhuman acts are mostly committed against female civilian population by male soldiers from the government armed forces, rebel groups, paramilitary groups and even peace keeping forces. The countries whose armed conflicts were characterised by acts of rape and sexual violence include; Rwanda, Democratic Republic of Congo, Somalia, Uganda, Sudan, Yugoslavia (Bosnia and Herzegovina), East Timor, to mention just a few.
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    The status of private military companies under international humanitarian law; towards a new convention
    (2009) Daniels, Caroline; Nakhjavani, Salim
    The public-private dichotomy of warfare is crumbling down as governments are voluntarily surrendering one of the essential and defining attributes of statehood: the state's monopoly on the legitimate use of force, leading to the privatization of war and conflicts