A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals

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dc.contributor.advisorWoolaver, Hannahen_ZA
dc.contributor.authorLugulu, Jullie Ingriden_ZA
dc.date.accessioned2015-05-26T14:10:19Z
dc.date.available2015-05-26T14:10:19Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe Rome Statute of the International Criminal Court (Rome Statute) provides for a close relationship between the International Criminal Court (Court) and the United Nations Security Council (Security Council). This relationship is demonstrated through Security Council exercise of referrals and deferrals. This dissertation discusses first, the Security Council referrals of the situations in Darfur, Sudan and Libya. Second, the Security Council passing of resolutions 1422(2002) and 1487(2003), which deferred the Court from commencing any investigations or prosecuting of any crimes that could have arisen as a result of the United Nations peacekeeping operations. This dissertation argues that the Security Council has exercised referrals and deferrals contrary to the Rome Statute, the Charter of the United Nations (the Charter), and the Negotiated Relationship Agreement between the Court and the Security Council (Relationship Agreement) as envisaged by the drafters of the Rome Statute. It concludes by stating that, the relationship between the Court and the Security Council is at a crossroad because the latter has failed to exercise referrals and deferrals in the manner provided for in the Rome Statute and as envisioned during the drafting of the Rome Statute, thereby equating the Court to the proverbial bark of a toothless dog.en_ZA
dc.identifier.apacitationLugulu, J. I. (2014). <i>A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Criminology. Retrieved from http://hdl.handle.net/11427/12858en_ZA
dc.identifier.chicagocitationLugulu, Jullie Ingrid. <i>"A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Criminology, 2014. http://hdl.handle.net/11427/12858en_ZA
dc.identifier.citationLugulu, J. 2014. A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Lugulu, Jullie Ingrid AB - The Rome Statute of the International Criminal Court (Rome Statute) provides for a close relationship between the International Criminal Court (Court) and the United Nations Security Council (Security Council). This relationship is demonstrated through Security Council exercise of referrals and deferrals. This dissertation discusses first, the Security Council referrals of the situations in Darfur, Sudan and Libya. Second, the Security Council passing of resolutions 1422(2002) and 1487(2003), which deferred the Court from commencing any investigations or prosecuting of any crimes that could have arisen as a result of the United Nations peacekeeping operations. This dissertation argues that the Security Council has exercised referrals and deferrals contrary to the Rome Statute, the Charter of the United Nations (the Charter), and the Negotiated Relationship Agreement between the Court and the Security Council (Relationship Agreement) as envisaged by the drafters of the Rome Statute. It concludes by stating that, the relationship between the Court and the Security Council is at a crossroad because the latter has failed to exercise referrals and deferrals in the manner provided for in the Rome Statute and as envisioned during the drafting of the Rome Statute, thereby equating the Court to the proverbial bark of a toothless dog. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals TI - A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals UR - http://hdl.handle.net/11427/12858 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12858
dc.identifier.vancouvercitationLugulu JI. A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Criminology, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12858en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Criminologyen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCriminal Justiceen_ZA
dc.titleA critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferralsen_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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