Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The consequence of the state of lawlessness that permitted States to wage war even on flimsy reasons was not fully appreciated until World War I when primitive barbarism and modern technology came together to result in enormous bloodshed and massive atrocities. The deep impression on public opinion opened the door to vigorous condemnation of aggression and a move at the international level to outlaw it. Though aggression continues to pose one of the greatest threats in the efforts to create a peaceful and stable world public order, the definition of aggression steeped as it is in political and legal quagmire …
International Justice In The Shadow Of Realpolitik: Re-Visiting The Establishment Of The Ad Hoc International Criminal Tribunals, Jackson N. Maogoto
International Justice In The Shadow Of Realpolitik: Re-Visiting The Establishment Of The Ad Hoc International Criminal Tribunals, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The International Criminal Tribunals for the Former Yugoslavia and Rwanda establish the beginning of a new pattern in the genuine international implementation of international criminal law and the move back to the international model inaugurated at Nuremberg. But even these tribunals were first and foremost, the by-products of international realpolitik. They were born out of a political desire to redeem the international community’s conscience rather than the primary commitment of the international community to guarantee international justice. In the early stages, there was a persistent lack of political will by Member States to act, or to act with enough assertiveness …