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A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Institute of Criminology
2015
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| _version_ | 1867613516196741121 |
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| access_status_str | Open Access |
| author | Lugulu, Jullie Ingrid |
| author2 | Woolaver, Hannah |
| author_browse | Lugulu, Jullie Ingrid Woolaver, Hannah |
| author_facet | Woolaver, Hannah Lugulu, Jullie Ingrid |
| author_sort | Lugulu, Jullie Ingrid |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12858 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:37:23.370Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12858 A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals Lugulu, Jullie Ingrid Woolaver, Hannah Criminal Justice Includes bibliographical references. The Rome Statute of the International Criminal Court (Rome Statute) provides for a close relationship between the International Criminal Court (Court) and the United Nations Security Council (Security Council). This relationship is demonstrated through Security Council exercise of referrals and deferrals. This dissertation discusses first, the Security Council referrals of the situations in Darfur, Sudan and Libya. Second, the Security Council passing of resolutions 1422(2002) and 1487(2003), which deferred the Court from commencing any investigations or prosecuting of any crimes that could have arisen as a result of the United Nations peacekeeping operations. This dissertation argues that the Security Council has exercised referrals and deferrals contrary to the Rome Statute, the Charter of the United Nations (the Charter), and the Negotiated Relationship Agreement between the Court and the Security Council (Relationship Agreement) as envisaged by the drafters of the Rome Statute. It concludes by stating that, the relationship between the Court and the Security Council is at a crossroad because the latter has failed to exercise referrals and deferrals in the manner provided for in the Rome Statute and as envisioned during the drafting of the Rome Statute, thereby equating the Court to the proverbial bark of a toothless dog. 2015-05-26T14:10:19Z 2015-05-26T14:10:19Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/12858 eng application/pdf Institute of Criminology Faculty of Law University of Cape Town |
| spellingShingle | Criminal Justice Lugulu, Jullie Ingrid A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| thesis_degree_str | Master's |
| title | A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| title_full | A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| title_fullStr | A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| title_full_unstemmed | A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| title_short | A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals |
| title_sort | critical examination of the relationship between the international criminal court and the united nations security council in the light of referrals and deferrals |
| topic | Criminal Justice |
| url | http://hdl.handle.net/11427/12858 |
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