/library/oar/handle/123456789/16646 2025-12-26T15:29:32Z 2025-12-26T15:29:32Z /library/oar/handle/123456789/18404 2017-04-18T01:25:01Z 2016-01-01T00:00:00Z

Title: Immunity from prosecution under international criminal law Abstract: Immunity from prosecution under international criminal law is one of the oldest principles under international law. Two types of immunities developed, immunity rationae materiae, known as functional immunity, and immunity rationae personae, known as personal immunity. The former is immunity which is granted to individuals who are performing acts on behalf of the State whilst the latter is immunity granted to individuals in virtue of the position they hold in their State. Immunity from prosecution has evolved in order that the leaders of States are not prosecuted and thus humiliated by other States, and their sovereignty is not challenged. Prosecuting a foreign leader could also lead to serious political unrest and thus States sought to avoid such possibility. Also criminally prosecuting an individual who is representing his state whilst carrying out official duties on behalf of his State would show disrespect to the State he is representing. The aim of this thesis is to discuss these two types of immunities whilst also discussing various cases in which any one of these immunities was invoked as a defence. Description: LL.M

2016-01-01T00:00:00Z /library/oar/handle/123456789/18229 2018-04-25T08:03:43Z 2016-01-01T00:00:00Z

Title: The case for military intervention against ISIS Abstract: The Islamic State (IS), in its reach to form a caliphate, has been named a ‘global and unprecedented threat’. By its nature, the use of force runs counter to Article 2 (4) of the UN. Thus, the research project outlines the legal foundations carefully chosen by States upon which they base their justifications to intervene. The first analysis dealt with in section 1 is the exception to use of force if authorised by the Security Council. The main focus is resolution 2249 which potentially illustrates an admission by the Security Council for the use of force in Iraq and Syria by the US led coalition. The resolution alone does not provide the sufficient legality required. The section also highlights the modern R2P doctrine which emerged in 2005 and the shortcomings of the Security Council in implementing it in Syria, after its nominal disrepute in the Libyan crisis. The second analysis shifts the focus onto the exception to intervene militarily when consent is forthcoming from the territorial State. This is the so-called ‘intervention by invitation’ which becomes problematic once the parties are involved in an internal armed conflict, such as the case of Syria. The intervention is seemingly allowed if the request is made by the legitimate government and if the armed rebels are not exercising their right to self-determination. While the legitimacy of the Assad Regime is controversial, there is no doubt that IS is by no means expressing the right to selfdetermination. Finally, attention is shifted onto the theory of self-defence. While there is no doubt that the acts in self-defence are necessary and proportionate to the armed attacks committed by IS, the controversy lies in the traditional area of attribution necessary between the Assad Regime and IS. A possible solution to the lack of attribution is the unable or unwilling doctrine – the Assad Regime has manifestly proved that it is unable to prevent armed attacks by IS. Description: LL.B.

2016-01-01T00:00:00Z /library/oar/handle/123456789/17680 2017-03-27T12:06:22Z 2016-01-01T00:00:00Z

Title: Rape before the international criminal court Abstract: Sexual crimes have been committed for a very long time especially during war; in fact they have occurred in every armed conflict throughout human history. They took place despite the continuous effort made by the international community against sexual and gender-based crimes. While these crimes have been ignored during World War I and World War II, things had started changing for the better in the 1990’s with the establishment of the ICTY and ICTR. These Tribunals were the first to include in their Statures rape as a crime against humanity and also come up with a definition for rape. The ICC further strengthened the work of the Tribunals by expanding g the list of gender-based crimes and sexual violence. The Office of the Prosecu8tor is doing its utmost to end the impunity against rape. It came up with a Policy Paper on Sexual and Gender-Based Crimes, its aim aim being to ensure the correct prosecution of sexual and gender-based crimes and gives victims access to effective justice. This research project aims to widen the knowledge of the gravity of rape, and provides and over view of the phases that encouraged the formation of the International Criminal Court (ICC) , so as to give the reader a detailed explanation of how the criminal status of rape in international law has developed. Description: LL.B.

2016-01-01T00:00:00Z /library/oar/handle/123456789/17660 2018-04-17T07:52:33Z 2016-01-01T00:00:00Z

Title: Balancing the interests of the coastal state and the laying state : an examination of the right to lay submarine cables and pipelines in the exclusive economic zone and continental shelf under the United Nations Convention on the Law of the Sea Abstract: The main aim of this research project revolves around an examination of the rights and duties of coastal States and laying States alike, vis à vis the extension of the high seas freedom to lay cable and pipelines in the Exclusive Economic Zone and Continental Shelf. Chapter 1 of the project provides a historic overview of the progression of cables and pipelines over time. The author provides a rendition of the evolution of cables over time; commencing from telegraphic cables, moving on to telephonic cables up to the culmination of the cable industry with the introduction of the innovative fibre-optic cables. This evolution is provided alongside the legislative progression regarding cables and pipelines in international law, whereby reference is mainly made to the 1884 Convention for the Protection of Cables and Pipelines. Chapter 2 provides answers to the main research question of the project by analysing the balance between the coastal State’s rights and duties alongside those of the laying State by referring to the obligation of due regard and unjustifiable interference. Matters regarding the interpretation to be given to the terms ‘reasonable measures’ and the classification of hydrographic surveying are delved into. Chapter 3 brings together the main issues faced by the cable and pipeline industry and provides an examination of how these impinge on and tilt the balance between the coastal and cable and pipeline owners. The conclusion provides the answers to the main research questions and sub-questions dealt with throughout the whole project which include the requirement of consent for the purposes of conducting hydrographic surveying, the setting up of national and international agencies responsible for the laying and repair procedures and advocates the main recommendations for cable protection. Description: LL.B.

2016-01-01T00:00:00Z