- The global prosecution of core crimes under international law
- Award date
- 22 December 2017
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
The thesis examines the extent to which grounds for refusal of surrender act as obstacles to hinder or jeopardise the transfer of individuals from a State to the International Criminal Court. It also examines the extent to which grounds for refusal of extradition act as obstacles to hinder or jeopardise the transfer of individuals from the requesting State to the requested State. By scrutinizing both the vertical and the horizontal systems of enforcement of international criminal law, the dissertation investigates the extent to which obstacles to the surrender and/or extradition of individuals are unsurmountable or otherwise.
The critical analysis is preceded by an examination of the concept of ‘core crimes’. The work contains a study of the State obligation to cooperate, it illustrates the extent to which such obligation is binding (both upon State Parties to the International Criminal Court and upon non-State Parties in certain circumstances), and portrays the consequences in cases of a breach thereof. Since the ensuing consequences do little to deter States from defaulting, the author identifies and explores new legal avenues which can serve to trigger the criminal liability of those who decide to withhold cooperation. Where grounds for refusal of extradition are invoked by States, some ideas are proposed to restrict their application and effect, without violating international human rights law.
The prospective roles of domestic, hybrid, special and international courts (and tribunals) in the fight against impunity and for the purposes of the enforcement of international criminal law are discussed and evaluated.
Thesis (complete) (Embargo up to and including 22 December 2020)
Part I: Introduction (Embargo up to and including 22 December 2020)
Part II: The characterisation and prosecution of core crimes: Some underlying assumptions (Embargo up to and including 22 December 2020)
Part III: The vertical system of enforcement (Embargo up to and including 22 December 2020)
Part IV: The horizontal system of enforcement (Embargo up to and including 22 December 2020)
Part V: Conclusion (Embargo up to and including 22 December 2020)
Summary/Samenvatting (Embargo up to and including 22 December 2020)
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