Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council
The research sought to establish the extent of the judicial independence of the ICC with particular reference to its relationship with the United Nations Security Council (UNSC). The research provides a critical analysis on the development of the international criminal justice system and the role pl...
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| Language: | English |
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Midlands State University
2018
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| Online Access: | http://hdl.handle.net/11408/3050 |
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| author | Ndlovu, Mandla |
| author_facet | Ndlovu, Mandla |
| author_sort | Ndlovu, Mandla |
| collection | DSpace |
| description | The research sought to establish the extent of the judicial independence of the ICC with particular reference to its relationship with the United Nations Security Council (UNSC). The research provides a critical analysis on the development of the international criminal justice system and the role played by the UNSC before the establishment of the ICC. This research traced the history of the ICC, starting by looking at other institutions that were established before the ICC. The research also looks at mechanisms that are found in the Rome Statute that enhance judicial independence of the ICC. Further, this dissertation investigates some of the challenges that are bedevilling the ICC as a result of the involvement of the UNSC in ICC processes. This is in light of the fact that, the referrals, deferrals and enforcement processes in the ICC, where the UNSC is involved has resulted in controversy and negatively affected the integrity and impartiality of the ICC. The research also proffered some recommendations, on how the UNSC and ICC can co-exist and complement each other whilst performing their different mandates of maintaining peace and security and justice delivery, respectively |
| id | ir-11408-3050 |
| institution | My University |
| language | English |
| publishDate | 2018 |
| publisher | Midlands State University |
| record_format | dspace |
| spelling | ir-11408-30502022-06-27T13:49:05Z Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council Ndlovu, Mandla Judicial independence The research sought to establish the extent of the judicial independence of the ICC with particular reference to its relationship with the United Nations Security Council (UNSC). The research provides a critical analysis on the development of the international criminal justice system and the role played by the UNSC before the establishment of the ICC. This research traced the history of the ICC, starting by looking at other institutions that were established before the ICC. The research also looks at mechanisms that are found in the Rome Statute that enhance judicial independence of the ICC. Further, this dissertation investigates some of the challenges that are bedevilling the ICC as a result of the involvement of the UNSC in ICC processes. This is in light of the fact that, the referrals, deferrals and enforcement processes in the ICC, where the UNSC is involved has resulted in controversy and negatively affected the integrity and impartiality of the ICC. The research also proffered some recommendations, on how the UNSC and ICC can co-exist and complement each other whilst performing their different mandates of maintaining peace and security and justice delivery, respectively 2018-05-18T14:38:50Z 2018-05-18T14:38:50Z 2017 http://hdl.handle.net/11408/3050 en open Midlands State University |
| spellingShingle | Judicial independence Ndlovu, Mandla Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title | Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title_full | Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title_fullStr | Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title_full_unstemmed | Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title_short | Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council |
| title_sort | judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the united nations security council |
| topic | Judicial independence |
| url | http://hdl.handle.net/11408/3050 |
| work_keys_str_mv | AT ndlovumandla judicialindependenceoftheinternationalcriminalcourtacasestudyoftherelationshipbetweentheinternationalcriminalcourtandtheunitednationssecuritycouncil |