The Experts below are selected from a list of 28089 Experts worldwide ranked by ideXlab platform
Saidat Nakitto - One of the best experts on this subject based on the ideXlab platform.
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the african court of justice and human and peoples rights international criminal law section promoting impunity for african union Heads of State and senior State officials
International Criminal Law Review, 2016Co-Authors: Manisuli Ssenyonjo, Saidat NakittoAbstract:On 27 June 2014 the African Union ( AU ) Assembly adopted a protocol entitled ‘Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights’. This Protocol contains an annex entitled ‘Statute of the African Court of Justice and Human and Peoples’ Rights’. The Protocol and the Statute annexed to it provide for the establishment of a regional court in Africa to be known as the ‘African Court of Justice and Human and Peoples’ Rights’ (African Court). This Court will, among others, exercise criminal jurisdiction over a wide range of international crimes involving individual criminal responsibility and corporate criminal liability over legal persons (with the exception of States), which goes beyond any other international court or hybrid tribunal. This article considers reasons for establishing a regional court in Africa with criminal jurisdiction and examines the likely effectiveness of the African Court focussing on the wide jurisdiction conferred on the Court; the impact of immunity from criminal prosecution granted to serving AU Heads of State and other undefined ‘senior State officials’; and the need to strengthen national criminal jurisdictions to enable them to prosecute international crimes in Africa.
Manisuli Ssenyonjo - One of the best experts on this subject based on the ideXlab platform.
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the african court of justice and human and peoples rights international criminal law section promoting impunity for african union Heads of State and senior State officials
International Criminal Law Review, 2016Co-Authors: Manisuli Ssenyonjo, Saidat NakittoAbstract:On 27 June 2014 the African Union ( AU ) Assembly adopted a protocol entitled ‘Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights’. This Protocol contains an annex entitled ‘Statute of the African Court of Justice and Human and Peoples’ Rights’. The Protocol and the Statute annexed to it provide for the establishment of a regional court in Africa to be known as the ‘African Court of Justice and Human and Peoples’ Rights’ (African Court). This Court will, among others, exercise criminal jurisdiction over a wide range of international crimes involving individual criminal responsibility and corporate criminal liability over legal persons (with the exception of States), which goes beyond any other international court or hybrid tribunal. This article considers reasons for establishing a regional court in Africa with criminal jurisdiction and examines the likely effectiveness of the African Court focussing on the wide jurisdiction conferred on the Court; the impact of immunity from criminal prosecution granted to serving AU Heads of State and other undefined ‘senior State officials’; and the need to strengthen national criminal jurisdictions to enable them to prosecute international crimes in Africa.
Max Du Plessis - One of the best experts on this subject based on the ideXlab platform.
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Heads of State immunities international crimes and president bashir s visit to south africa
International Criminal Law Review, 2018Co-Authors: Guenael Mettraux, John Dugard, Max Du PlessisAbstract:The relationship between international crimes and sovereign immunities has bedevilled judicial practice and legal scholarship and created an apparently irreconcilable tension between the two notions. Part of the difficulty in addressing this tension derives from the approach to resolving it. This paper proposes a novel approach, viewing the relationship specifically from the perspective of international criminal law and looking at the three core functions of immunities in that context. The authors conclude that customary international law excludes immunities as defence or bar to jurisdiction for core international crimes regardless of the nature of the jurisdiction concerned, the position of the accused, or the capacity in which the accused acted. When interpreted within that framework, the ICC Statute provides for clear limitations to the role of immunities in ICC proceedings and avoids the pitfalls that have thus far marred the ICC ’s approach to the law of immunities.
Anne Twomey - One of the best experts on this subject based on the ideXlab platform.
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The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems
2018Co-Authors: Anne TwomeyAbstract:This book is a comprehensive review and analysis of the reserve powers and their exercise by Heads of State in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of Heads of State in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how Heads of State should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.
Mingsung Kuo - One of the best experts on this subject based on the ideXlab platform.
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the veiled sceptre reserve powers of Heads of State in westminster systems
American Journal of Comparative Law, 2020Co-Authors: Mingsung KuoAbstract:One institution that once dominated the world constitutional landscape has received little attention in the recent renaissance of comparative constitutional law1: the “reserve powers” held by the head of State in a constitutional monarchy.2 Professor Twomey’s book, The Veiled Sceptre, presents itself as a welcome exception. Focusing on “the [head of State’s] discretionary powers . . . that may be used to uphold and maintain the fundamental principles of the [Westminster-style] system of [responsible] government that the [head of State] represents” (p. 1), Professor Twomey’s magnum corpus helps resurrect the seemingly antiquated institution of reserve power as a legitimate...
