Browsing by Subject "Court"

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    The African court: an ideal mechanism for the regional protection of human rights?
    (1999) Olusanya, Olaolu; Bennett, TW
    Proposals for an African Court of human rights date back to 1961, when the African Conference on the Rule of Law, which brought together judges, teachers of law and legal practitioners from 23 African states, invited governments to consider the adoption of an African convention on human rights and the establishment of a court to safeguard the rights enshrined therein. After several attempts to adopt such a convention had failed, the idea of setting up a court was raised again in the late 1970s, when the African Charter on Human and Peoples' rights was negotiated. It was then on the ground that Africans preferred to settle disputes through negotiation and conciliation rather than through contentious proceedings, but the fear of many African they would be subjected to the judgments of an international body may have played a similar role.
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    The principle of complimentarity through the Roma Satute: a critical analysis of its content, implementation and application. Case study of the DRC
    (2021) Kahimba, Kambale Dérick; Woolaver, Hannah
    The analysis of the principle of the complementarity formula set out in the Rome Statute is at the heart of this dissertation. The research aims to critically reflect on the complementarity regime under the Rome Statute in relation to international crimes committed in the DRC since the incorporation of the Rome Statute into the Congolese legal system. This research argues that the implementation of the principle of complementarity poses difficulties of application, implementation, and interpretation and thus remains a less effective means of putting an end to international crimes. The findings of this research indicate an urgent need for the principle of complementarity being rethought by clarifying its content and scope. Victims of international crimes cannot to date rely on its implementation to obtain justice. This research adopts an essentially conceptual approach; moreover, the methodological approach adopted is that of qualitative research. This research calls for the principle of complementarity being rethought by clarifying its content and scope.