This paper has researched the extent of impartiality of the ICC in determining their investigations. The justifications behind the cases of Iraq/UK and Afghanistan/US were explored, to find out how...Show moreThis paper has researched the extent of impartiality of the ICC in determining their investigations. The justifications behind the cases of Iraq/UK and Afghanistan/US were explored, to find out how the ICC reached the decision to stop investigating the UK and to leave out the US in their examination. This has been done with a discourse analysis, based on the theoretical distinction of an ethics of conviction and an ethics of responsibility. This analysis has shown that in the case of Iraq, the ICC referred more to the rule of law and legal criteria, where in the case of Afghanistan the discourse included both signs of impartiality, but also signs that practical and political considerations played a role. This thesis thus concludes that the extent of impartiality in the case of Iraq was higher than that in Afghanistan.Show less
Abstract In this study is analyzed whether the Prosecutor of the International Criminal Court (ICC), Moreno-Ocampo (2003-2012) and Bensouda (2012-2021), consistently selected situations for...Show moreAbstract In this study is analyzed whether the Prosecutor of the International Criminal Court (ICC), Moreno-Ocampo (2003-2012) and Bensouda (2012-2021), consistently selected situations for investigation and whether the appointment of Bensouda influenced decisions of the Court in favor of African situations. Although the ICC wants to serve all parties involved, there extends a severe chance for being influenced via the Prosecutor, especially while the Prosecutor enjoys much discretion to influence the situation selection via the gravity threshold reducing the legitimacy the ICC. Both Prosecutors have been criticized for being inconsistently selecting African situations. Although the second Prosecutor was an African official, her appointment did not lead to a decrease of criticisms. Therefore this study investigates whether both Prosecutors consistently applied the selection procedures for investigation and whether the appointment of Bensouda influenced the process in favor of African situations. This is done by evaluating how both Prosecutors handled with respect to the gravity threshold; the onliest component within selection on which the Prosecutor actually can insert its influence. Thus is concluded that both Prosecutors approached gravity differently. Whereas Moreno-Ocampo defined the gravity of a given situation in terms of the number of victims, Bensouda determined the gravity of a crime in terms of its scale, nature, manner of commission and impact. This study concludes that Moreno-Ocampo policies were really consistently pointing towards the gravest crimes, whereas Bensouda’s policies were less consistent. She selected some situations that were less serious in terms of gravity than situations rejected. Although Bensouda’s policies were less consistent in character, her policies don’t follow a pattern selecting in favor of African states. This study concludes by stating that Bensouda’s policies were less consistently focused on the gravest crimes of concern, while her qualitative formulation of gravity led much room to apply discretion, but that there is no reason to assume that her policies tended in favor of African situations.Show less
This thesis discusses the impact of cultural memory and local transitional justice mechanisms on national, regional, and international transitional justice mechanisms. Through analysing the impact...Show moreThis thesis discusses the impact of cultural memory and local transitional justice mechanisms on national, regional, and international transitional justice mechanisms. Through analysing the impact of murals and memorials that emerged after the exhumations of mass graves in Plan de Sánchez, Guatemala on local activism, this thesis finds that active memory during transition can lead to local actors taking charge of their transition. This occurred in Plan de Sánchez through taking legal issues that weren't being addressed on the national level to the Inter-American Court of Human Rights, a court case that fuelled changes to both regional and international approaches to transitional justice.Show less
This Master thesis tries to argue South Africa’s uncertain future as regional leader on the African continent. It builds on Geldenhuys’ description of South Africa as ideational leader almost a...Show moreThis Master thesis tries to argue South Africa’s uncertain future as regional leader on the African continent. It builds on Geldenhuys’ description of South Africa as ideational leader almost a decade later. South Africa’s intended withdrawal from the ICC’s jurisdiction of which they notified the world in October 2016, will be used as a case study to substantiate this argument. The intended withdrawal was a political move which at the time caused international chaos, but now 2 years have passed, there needs to be a reassessment of what has changed and what impact this decision had. Therefore, this thesis subsequently serves the purpose of creating a chronological overview of the events between 2002 and 2018 regarding the ICC, the African Union and South Africa.Show less
The African Union (AU), whose main objective is to coordinate and intensify cooperation for development of the African region, presents itself as an energetic and ambitious driving force for change...Show moreThe African Union (AU), whose main objective is to coordinate and intensify cooperation for development of the African region, presents itself as an energetic and ambitious driving force for change in the continent’s human rights landscape. In June 2014, the AU adopted the Protocol on Amendments to the Protocol on the Statue of the African Court of Justice and Human Rights, often referred to as the Malabo Protocol. The Malabo Protocol extends the jurisdiction of the African Court of Justice and Human Rights (ACJHR) and empowers it to try serious crimes of international concern such as genocide, crimes against humanity and war crimes. Although the ACJHR is not yet an operational court, it has the potential to bring positive contributions to a continent tormented by persistent conflicts and a culture of impunity. AU member states now stand before various paths in the realization of human rights and they have been involved in an ongoing discussion on Universal Jurisdiction and its life-form, the International Criminal Court (ICC). A thorough consideration of all the grounds for the AU’s decision to give the African Court jurisdiction over international crimes will then show that the process has been motivated by other reasons than late anti-ICC sentiment alone. This study will not only examine the ICC versus Africa debate, it will also go beyond it. In this way, an African perspective will be offered that explains a larger focus on regional processes of African human rights law not only as a result of growing anti-ICC sentiment. Instead, it will be argued that there has been a legal and historical necessity for the development of an African perspective to international human rights law that is not necessarily meant to duplicate or impede on the work of the ICC.Show less
This thesis poses the question "do international tribunals effectively contribute to conflict resolution?", which it answers on the basis of the tribunal of Bosco Ntaganda. Building on available...Show moreThis thesis poses the question "do international tribunals effectively contribute to conflict resolution?", which it answers on the basis of the tribunal of Bosco Ntaganda. Building on available academic literature, the first chapter forms a theoretical framework that defines effective conflict resolution. It furthermore explains how justice should ideally be achieved, after which it offers the reader a schematized checklist. Chapter two forms a detailed case study on the Congolese conflict and how Ntaganda's trial is situated in it. Subsequently, Chapter three analyzes the trial along the checklist. This ultimately leads to conclude that, theoretically, the International Criminal Court could become fundamental to conflict resolution, but that it somehow fails to flawlessly translate this into practice. As such, this thesis proves useful to practitioners- and philosophers of international law, as it identifies the bottlenecks of the ICC.Show less
Advanced master thesis | Political Science (Advanced Master)
open access
Since its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution...Show moreSince its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution has been strongly criticized for arguably obstructing peace. Although peace and justice are inevitably linked, blindly pursuing justice without considering political implications such as its potential impact on peace negotiations is not only reckless, but fails to recognize the existence of a bigger picture. This thesis attempts to analyze the conditions under which ICC intervention in ongoing civil conflict facilitates the success or failure of peace negotiations. I argue that international law cannot be seen as functioning in complete isolation from politics. If ICC action has in fact an impact on peace negotiations, the ICC needs to be aware of this and take it into account before intervening in an ongoing conflict. In order to analyze this argument, I will conduct two case studies on the situation and peace negotiations in Uganda and Darfur, Sudan, respectively.Show less
De aanklager van het International Criminal Court lobbyt bij de lidstaten van het ICC. Hij lobbyt voor de bevordering van de arrestatie en uitlevering van verdachten van het ICC. Op welke manier de...Show moreDe aanklager van het International Criminal Court lobbyt bij de lidstaten van het ICC. Hij lobbyt voor de bevordering van de arrestatie en uitlevering van verdachten van het ICC. Op welke manier de aanklager dit doet en waarom hij bepaalde lobbytactieken gebruikt wordt geanalyseerd in dit onderzoek. Door middel van een inhoudsanalyse van diplomatic briefings, die ongeveer twee keer per jaar worden gegeven door de president, hoofdaanklager en secretaris van het Hof, wordt onderzocht welke lobbytactieken op welke momenten door de aanklager worden gebruikt. Geconcludeerd wordt dat er twee dingen van invloed zijn op het gebruik van lobbytactieken door de aanklager. Specifieke gebeurtenissen hebben invloed op de hoeveelheid lobbytactieken die gebruikt worden. Deze geven de aanklager een aanleiding om te benadrukken dat de verdachten van het ICC gearresteerd en uitgeleverd dienen te worden. Ten tweede heeft de aard van het ICC invloed op de tactieken die de aanklager gebruikt. Het ligt in de aard van het ICC om meer waarde te hechten aan feiten en verdragen. Er wordt meer gebruik gemaakt van lobbytactieken die gebaseerd zijn op feiten en verdragen dan lobbytactieken die hier minder gebruik van maken.Show less
