Domestic Prosecutions in Africa Under the Complementarity Regime of the Rome Statute: A Practical Approach

Imoedemhe, Ovo Catherine

doi:10.1007/978-3-319-46780-1_4

Cited by 1 publication

(2 citation statements)

References 27 publications

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“…6 That being the case, it must be emphasized that in two resolutions underway, the Security Council unanimously condemned breaches of humanitarian law and stated that the authors of such breaches or those who had ordered their commission would be held "individually responsible" for them. 7 Be that as it may, questions are sometimes raised as to whether expanding the role of the Security Council in the area of enforcement of the rules of international humanitarian law ever be a progressive development in the enforcement of the rules of international humanitarian law, due to suggestions that Security Council's auxiliary role to the enforcement of the rules of international humanitarian law may at times be incompatible with its independence.…”

Section: Ii1 United Nations Security Councilmentioning

confidence: 99%

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Evolving Roles of the International Institutions in the Implementation Mechanisms of the Rules of International Humanitarian Law

Nnawulezi

Magashi

2023

KULR

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The dire need to expand the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions has been of a global concern for ages. Driven primarily by efforts to enforced and promote the rules of international humanitarian law, there is a need to develop measures capable of promoting the rules of international humanitarian law through the international institutions. The objective of this paper is to analyze and establish that expanding the frontiers of the enforcement mechanism of the rules of international humanitarian law through the international institutions bothering on individual or state responsibility will further strengthen the low level of enforcement of these rules. However, this paper noted that there is a significant enforcement gap both at the regional and international levels. Further, this paper argues that in order to guarantee a high level of enforcement of these rules both at the regional and universal levels, a more integral approach on the role of international institutions is capable of addressing the enforcement gap of the rules of international humanitarian law. This paper adopts a diagnostic approach based on a review of literatures, which is achieved by synthesis of ideas. This paper concludes with recommendations among others that in order to boast the purpose for which the rules of international humanitarian law were made, the level of enforcement of these rules should be expanded to fill the enforcement gaps at the domestic, regional and universal levels.

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Section: Ii1 United Nations Security Councilmentioning

confidence: 99%

“…See Security Council Resolution 452 U.N.SCOR, 2159th Meeting, 3 (20 July 1979) 6. Ibid 7. International Criminal Tribunal for the Former Yugoslavia (ICTY), The Prosecutor v. Dusko Tadic (Jurisdiction) IT-94-1-AR72 (1995), Para.…”

mentioning

confidence: 99%

Evolving Roles of the International Institutions in the Implementation Mechanisms of the Rules of International Humanitarian Law

Nnawulezi

Magashi

2023

KULR

View full text Add to dashboard Cite

show abstract

Domestic Prosecutions in Africa Under the Complementarity Regime of the Rome Statute: A Practical Approach

Cited by 1 publication

References 27 publications

Evolving Roles of the International Institutions in the Implementation Mechanisms of the Rules of International Humanitarian Law

Evolving Roles of the International Institutions in the Implementation Mechanisms of the Rules of International Humanitarian Law

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