| dc.creator |
Materu, Sosteness F. |
|
| dc.date |
2016-09-27T13:49:26Z |
|
| dc.date |
2016-09-27T13:49:26Z |
|
| dc.date |
2010 |
|
| dc.date.accessioned |
2018-04-18T14:50:23Z |
|
| dc.date.available |
2018-04-18T14:50:23Z |
|
| dc.identifier |
Materu, S.F., 2010. The prosecution of international crimes in respect of the Democratic Republic of the Congo: critical evaluation of the factual background and specific legal considerations (Doctoral dissertation, University of the Western Cape). |
|
| dc.identifier |
http://hdl.handle.net/20.500.11810/4300 |
|
| dc.identifier.uri |
http://hdl.handle.net/20.500.11810/4300 |
|
| dc.description |
Since 1996 approximately 5.4 million citizens of the Democratic Republic of the
Congo (DRC) have lost their lives as a result of the humanitarian crisis currently going
on. Various warring ethnic groups have been committing terrible crimes against
international law. War crimes and crimes against humanity such as rape, murder,
recruitment of child soldiers and indiscriminate attacks on the civilian population have
caused unspeakable suffering to civilians, especially in the eastern part of the country.
Domestic institutions, the judiciary and the prosecution department, have not
been able to address impunity because of being either in a state of total collapse or too
weak to confront the strong warlords. As a result, when the International Criminal Court
(ICC) became operational on 1 July 2002, the DRC authorities revived their desire to
address the atrocities. Consequently, the crimes were referred to the ICC in 2004 and
three DRC citizens are now undergoing trials at the ICC in two cases.
The first part of this study evaluates the historical events that led to the referral
of the DRC situation to the ICC. This includes the background of the conflict and the
extent to which international crimes have been committed. Both regional and domestic
attempts and initiatives to address the conflict are discussed, with specific reference to
peace agreements and restorative justice mechanisms. The second part of the study deals
with the prosecution of the perpetrators by the ICC. It examines the approach of the PreTrial
Chamber to two legal issues, the principle of complementarity and modes of
criminal participation as part of the ICC Statute. In this regard, the study makes a critical
evaluation of two preliminary decisions confirming the charges against Lubanga,
Katanga and Chui before the cases proceeded to the trial stage. |
|
| dc.language |
en |
|
| dc.subject |
Complementarity |
|
| dc.subject |
Co-perpetration |
|
| dc.subject |
Crimes against humanity |
|
| dc.subject |
Democratic Republic of the Congo (DRC) |
|
| dc.subject |
International Criminal Court (ICC) |
|
| dc.subject |
Inability to prosecute |
|
| dc.subject |
Inaction |
|
| dc.subject |
Modes of participation |
|
| dc.subject |
Unwillingness to prosecute |
|
| dc.subject |
War Crimes |
|
| dc.title |
The Prosecution of International Crimes in Respect of the Democratic Republic of the Congo: Critical Evaluation of the Factual Background and Specific Legal Considerations |
|
| dc.type |
Masters Thesis |
|