A critical analysis of the referral system under the international criminal court

This research sought to establish whether the referral system under the Rome Statute of the International Criminal Court is fulfilling the international community‟s quest to end impunity under international criminal law. The research provides a critical analysis of the referral system looking at its...

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Main Author: Mapiye, Patrick
Language:English
Published: Midlands State University 2017
Subjects:
Online Access:http://hdl.handle.net/11408/1984
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author Mapiye, Patrick
author_facet Mapiye, Patrick
author_sort Mapiye, Patrick
collection DSpace
description This research sought to establish whether the referral system under the Rome Statute of the International Criminal Court is fulfilling the international community‟s quest to end impunity under international criminal law. The research provides a critical analysis of the referral system looking at its application in reality by the various actors so empowered to implement it. It is the argument of this research that the referral system has been hijacked by selective justice, revenge, politics and victor‟s justice rendering the referral system ineffective. Further, it is argued that the perceived injustice and disillusionment faced by State parties over the manner in which the referral system is being implemented is tearing the ICC apart unless radical changes are done to reform the status quo. The research also proffered some recommendations, though not exhaustive, to better the referral system.
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spelling ir-11408-19842022-06-27T13:49:05Z A critical analysis of the referral system under the international criminal court Mapiye, Patrick Referral system International criminal court This research sought to establish whether the referral system under the Rome Statute of the International Criminal Court is fulfilling the international community‟s quest to end impunity under international criminal law. The research provides a critical analysis of the referral system looking at its application in reality by the various actors so empowered to implement it. It is the argument of this research that the referral system has been hijacked by selective justice, revenge, politics and victor‟s justice rendering the referral system ineffective. Further, it is argued that the perceived injustice and disillusionment faced by State parties over the manner in which the referral system is being implemented is tearing the ICC apart unless radical changes are done to reform the status quo. The research also proffered some recommendations, though not exhaustive, to better the referral system. 2017-06-09T14:41:33Z 2017-06-09T14:41:33Z 2016 http://hdl.handle.net/11408/1984 en open Midlands State University
spellingShingle Referral system
International criminal court
Mapiye, Patrick
A critical analysis of the referral system under the international criminal court
title A critical analysis of the referral system under the international criminal court
title_full A critical analysis of the referral system under the international criminal court
title_fullStr A critical analysis of the referral system under the international criminal court
title_full_unstemmed A critical analysis of the referral system under the international criminal court
title_short A critical analysis of the referral system under the international criminal court
title_sort critical analysis of the referral system under the international criminal court
topic Referral system
International criminal court
url http://hdl.handle.net/11408/1984
work_keys_str_mv AT mapiyepatrick acriticalanalysisofthereferralsystemundertheinternationalcriminalcourt
AT mapiyepatrick criticalanalysisofthereferralsystemundertheinternationalcriminalcourt