How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL

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dc.contributor.authorCockburn, Kirstenen_ZA
dc.date.accessioned2014-07-30T18:19:07Z
dc.date.available2014-07-30T18:19:07Z
dc.date.issued2014-07-30
dc.description.abstractIn Chapter One, I intend to examine the development of CIL and delimit the parameters of the traditional doctrine. In doing so, I hope to highlight the difficulties in its application in the area of international criminal law. In Chapter Two, I will contemplate the modern theories of CIL and illustrate the circular nature of both the modern and traditional doctrines. In Chapter Three, I will re-imagine a definition of CIL that attempts to break this circulatory reasoning. In Chapter Four, I will detail the application of customary international criminal law norms both domestically and internationally. In particular, the jurisprudence of the ad hoc Tribunals serves as an indicator of the possible shortcomings of the definition of CIL and is illustrative of the dangers of defective application of the definition as it currently stands. By way of conclusion, I intend to examine how, under my re-imagined definition of CIL, the international and domestic judiciary should prove a rule of customary international criminal law. In doing so, I hope to illustrate that a workable definition of CIL is a real possibility.en_ZA
dc.identifier.apacitationCockburn, K. (2014). <i>How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/4686en_ZA
dc.identifier.chicagocitationCockburn, Kirsten. <i>"How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/4686en_ZA
dc.identifier.citationCockburn, K. 2014-07-30. How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Cockburn, Kirsten AB - In Chapter One, I intend to examine the development of CIL and delimit the parameters of the traditional doctrine. In doing so, I hope to highlight the difficulties in its application in the area of international criminal law. In Chapter Two, I will contemplate the modern theories of CIL and illustrate the circular nature of both the modern and traditional doctrines. In Chapter Three, I will re-imagine a definition of CIL that attempts to break this circulatory reasoning. In Chapter Four, I will detail the application of customary international criminal law norms both domestically and internationally. In particular, the jurisprudence of the ad hoc Tribunals serves as an indicator of the possible shortcomings of the definition of CIL and is illustrative of the dangers of defective application of the definition as it currently stands. By way of conclusion, I intend to examine how, under my re-imagined definition of CIL, the international and domestic judiciary should prove a rule of customary international criminal law. In doing so, I hope to illustrate that a workable definition of CIL is a real possibility. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL TI - How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL UR - http://hdl.handle.net/11427/4686 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4686
dc.identifier.vancouvercitationCockburn K. How to prove a role of Customary International Criminal Law: Re-imaging a Definition of CIL. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4686en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleHow to prove a role of Customary International Criminal Law: Re-imaging a Definition of CILen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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