/library/oar/handle/123456789/2532 Wed, 05 Nov 2025 07:16:56 GMT 2025-11-05T07:16:56Z /library/oar/handle/123456789/140679 Title: The reconciliation of conflicting human rights before courts having criminal jurisdiction Abstract: This study deals with some conflicts which arise during the pendency of criminal proceedings. The object which is the subject of such conflict is a right protected by law. The study considers conflicts arising between human rights belonging to stakeholders pendente lite, meaning throughout criminal proceedings, i.e. as stated in the title of the dissertation ‘before Courts having criminal jurisdiction’. Such conflicts are detected in this study, after which the author proposes methods to attempt to reconcile such conflicts in a manner which upholds the respect for fundamental rights of the stakeholders, be they victims, witnesses, or the accused. The dissertation deals with some facets of the right to a fair trial, all of which are revealed in the following research questions: I. Can the right to a public hearing be restricted? II. Can the presumption of innocence of the accused be breached by prejudicial pre-trial publicity? III. Can rights of victims be prejudiced by the judicial admission of crimes for the purposes of the obtainment of plea-bargains? The author suggests that Article 517 of the Criminal Code be re-drafted by inserting the words ‘or of the complainant or any witness’ after the words ‘or of the party charged or accused’. Article 391 of the Criminal Code fails to mention specific requirements which the prosecution must prove to secure witness protection and anonymity. The author proposes that certain requirements be explicitly included in Maltese Law. The author heavily criticized the half-baked parliamentary measure to the effect that only drug trafficking cases were spared the applicability of the proviso to Article 436(6) of the Criminal Code by virtue of clause 3 to Act VII of 2025 which came into effect on 17 March 2025. No change has been effected in so far as the crime of willful homicide is concerned. Description: LL.B.(Hons)(Melit.) Wed, 01 Jan 2025 00:00:00 GMT /library/oar/handle/123456789/140679 2025-01-01T00:00:00Z /library/oar/handle/123456789/140676 Title: The extent of criminal responsibility and culpability of child soldiers forced into armed conflict : the victim : perpetrator dichotomy Abstract: The criminal responsibility of child soldiers, both during and subsequent to their engagement in armed conflicts, constitutes a multifaceted moral and legal quandary. While children are frequently regarded as victims of exploitation, their conduct in these conflicts and their behaviour post-involvement raises significant inquiries relating to their accountability under international law. This dissertation appraises the legal frameworks that pertain to the criminal responsibility of child soldiers, exploring how international legal systems mediate the tension between their victimisation and their possible culpability. Chapter 1 evaluates the term ‘child soldiers’ along with the ethical and legal complexities surrounding child soldier recruitment, establishing a contextual foundation for the study. Chapter 2 assesses the key international legal instruments, including but not limited to, the Geneva Conventions, the Convention on the Rights of the Child, and the Statute of the International Criminal Court in addressing how legal systems handle the complex dual identity of child soldiers. Chapter 3 examines the study methodology using a mixed-methods approach that blends qualitative and quantitative legal analysis of research data and rehabilitation trends with assessments of jurisprudence. Chapter 4 identifies key gaps and challenges in holding child recruiters accountable, including legal limitations, enforcement difficulties, and prosecution trends. It discusses necessary legal reforms to harmonise prosecution, rehabilitation, and reintegration efforts as measures to strengthen reintegration programs and community-based rehabilitation. The study concludes with a summary of findings, a proposed accountability framework, and suggestions for future research. By contributing to legal debate, the present research advocates for an impartial and fair legal framework that assures justice while respecting child soldiers’ rights. Description: LL.B.(Hons)(Melit.) Wed, 01 Jan 2025 00:00:00 GMT /library/oar/handle/123456789/140676 2025-01-01T00:00:00Z /library/oar/handle/123456789/140673 Title: AI risks in insurance : an analysis of the legal and regulatory controls under the AI Act, GDPR and liability systems Abstract: This dissertation examines the regulatory framework governing AI within the EU insurance sector, focusing on the interplay between the AIA, GDPR, and the rPLD. The central aim is to analyze the AIA's risk-based approach, particularly its classification of AI systems used in insurance risk assessment and pricing as high-risk, and the mandatory requirements for these systems. The role of the GDPR in regulating the processing of personal data by AI systems in the insurance industry is investigated, emphasizing transparency, fairness, and the rights of data subjects. Additionally, the rPLD's modernised civil liability framework is evaluated, addressing challenges posed by AI, such as the 'black box' issue and the expanded definition of ‘product’ to include AI systems. Through legal and doctrinal analysis, this thesis provides a comprehensive understanding of the current EU legal and regulatory landscape governing AI in the insurance sector, highlighting the interconnected roles of the AIA, GDPR, and rPLD in balancing innovation with the protection of fundamental rights and consumer trust. The findings underscore the complexity and necessity of robust regulatory measures to ensure responsible AI deployment in insurance. Description: LL.B.(Hons)(Melit.) Wed, 01 Jan 2025 00:00:00 GMT /library/oar/handle/123456789/140673 2025-01-01T00:00:00Z /library/oar/handle/123456789/140613 Title: The development of victim participation in criminal proceedings through the lens of the ICC statute Abstract: The 20th and 21st century have been marred by atrocities of an unprecedented scale. Yet, early international criminal tribunals, such as Nuremberg and Tokyo, offered little to no consideration for victims, treating them as peripheral to the proceedings. Victims were largely omitted from the judicial narrative, with justice framed solely through the lens of state interests and retribution. The inception of the International Criminal Court (ICC) under the Rome Statute marked a significant evolution in international criminal justice. Moving beyond a purely retributive model, the ICC incorporates elements of restorative justice, acknowledging the suffering and voice of victims, who were once mere bystanders in the process. While punishment of perpetrators remains central, the Rome Statute recognises that amidst the killings and tortures, lie the lives of voiceless victims, who were unfortunate enough to be at the wrong place, at the wrong time. This shift reflects a broader understanding that prosecution alone does not redress the harm caused; justice must seek to restore dignity and provide reparative measures. Victim participation at the ICC introduces a distinct and independent perspective in the courtroom. The Rome Statute grants victims a range of rights – participatory, protective and reparative – including the right to be heard, to receive protection and to receive reparations through mechanisms such as the Trust Fund for Victims. This more holistic approach balances retribution with restoration, acknowledging that atrocity crimes inflict individual harm in addition to violating collective peace and security. However, more than two decades after its establishment, the ICC faces growing criticism regarding its effectiveness, particularly from the victims’ perspective. Ambiguities in the Rome Statute and inconsistencies in the Court’s jurisprudence have raised questions about the real-world application of the victim participation and reparations regimes. This thesis calls for a critical revision of the ICC’s framework concerning victims. It proposes clarifying the existing provisions, streamlining judicial interpretations and enhancing institutional practices – striking a balance between legal certainty and the necessary flexibility to address the unique complexities of international crimes. Description: LL.B.(Hons)(Melit.) Wed, 01 Jan 2025 00:00:00 GMT /library/oar/handle/123456789/140613 2025-01-01T00:00:00Z