This thesis posits that the term “genocide” and the ‘Genocide Convention’ have been inconsistently used by the international community since the term entered the international law vocabulary and...Show moreThis thesis posits that the term “genocide” and the ‘Genocide Convention’ have been inconsistently used by the international community since the term entered the international law vocabulary and the convention entered into force. Within this, some mass killings appear to fulfil the convention’s criteria, but they are not defined as genocide by the international criminal justice system i.e. the actor that best placed in this community to authoritatively do so, due to its supposed impartiality. This research aims to answer why this is the case. To do so, it first outlines the history of the term genocide and its (historical) role in international criminal justice. Next, it analyses the Genocide Convention and answers why some mass killings are defined as genocide. It does so via an analysis of the avenues through which international criminal justice has been – and can be – pursued, and their cases. This thesis then engages in most-similar case study analyses of various mass killings in Rwanda (1994) and the former Yugoslavia (1995). Accordingly, it argues that some mass killings are not defined as genocide partly because of: the requirement of domestic and international) political will for trying mass killings as genocide(s) and; political interests. In other words, the international criminal justice system is inconsistent when defining mass killings as genocide because it is susceptible to the political will and interests of myriad stakeholders in the international community.Show less
This thesis examines how US foreign policy behavior affects legitimacy of the ICC since the events of September 9/11, 2001 on American soil. Since the establishment of the International Criminal...Show moreThis thesis examines how US foreign policy behavior affects legitimacy of the ICC since the events of September 9/11, 2001 on American soil. Since the establishment of the International Criminal Court (ICC) in 2002, a hot topic under debate concerns its usefulness for international individual prosecution. The jurisdiction of the ICC consists of specific offence crimes namely, the prosecution of individuals committing genocide, war crimes, crimes against humanity and crimes of aggression. Supporters in favor of the debate argue that the ICC serves as a useful tool and thus is accountable for creating coherence in terms of justice, peace and stability. In contrast, challengers do not recognize the ICC as a useful institute to achieve more order and to realize effective prosecution of individuals worldwide. As one of the challengers, the United States decided not to ratify the established ICC in its current structure. The US accuses the ICC of being a bearer to disorder in international prosecution of individuals. Moreover, the legitimacy of the ICC remains questioned and therefore, its sustainability. For a significant part, the sustainability of the ICC seems dependent on consent of its support and its legitimacy.Show less
This paper will explore the context of Hissène Habré conviction in 2017 of crimes against humanity, which is unusual as many other former heads of state committed far more serious crimes but were...Show moreThis paper will explore the context of Hissène Habré conviction in 2017 of crimes against humanity, which is unusual as many other former heads of state committed far more serious crimes but were never charged or called upon to account for their actions. This paper hypothesizes that the primary reason that Habré, unlike these other individuals, was charged and convicted, is the development of an anti-impunity or accountability norm in International Law and International Relations. This paper will seek to test this hypothesis by exploring two ideas. The first is whether or not there can be said to be a developing norm of accountability in international relations and international law. The second idea the paper will test is whether the completion of the trial of Hissène Habré can be attributed to this norm of accountability.Show less
