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You searched for +publisher:"University of New South Wales" +contributor:("Williams, Sarah, Faculty of Law, UNSW"). Showing records 1 – 2 of 2 total matches.

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University of New South Wales

1. Palmer, Emma. International Criminal Law in Southeast Asia: Beyond the International Criminal Court.

Degree: Law, 2017, University of New South Wales

The underrepresentation of Asian states as parties to the Rome Statute has elicited concerns that the region is significantly falling behind in developing and enforcing international criminal justice. This view accords significance to ratification of the Rome Statute as the primary measure of a country’s willingness to give effect to the norms protected by international criminal law. However, the development of international criminal justice mechanisms and substantive law has not entirely escaped Southeast Asia, which has seen the adoption of a spectrum of approaches to international criminal justice, including the establishment of international(ised) criminal institutions, Rome Statute ratifications, and the adoption of domestic legislation addressing international crimes – as well as other transitional justice procedures.This thesis identifies the laws and institutions for prosecuting international crimes in Southeast Asia and considers the arguments presented by different actors to influence states’ approaches toward international criminal justice. It suggests that a linear account of these developments as deriving from externally driven norm diffusion is incomplete. Instead, drawing particularly on the experiences of Cambodia, the Philippines and Indonesia, this thesis argues that states, international organisations and non-state actors in Southeast Asia have engaged in a process of localisation leading to the adaptation of the international criminal justice norm. The development of mechanisms for prosecuting international crimes across Southeast Asia challenges assumptions about the temporal progression of norm diffusion, spatial designations between ‘local’ and ‘international’ ideas and actors, and the direction in which ideas and influences evolve across the world.This thesis makes significant and original contributions to knowledge by applying a ‘localisation’ framework to analyse debates about international criminal justice, including with reference to three case studies, and by extending and updating earlier surveys of international criminal laws in Southeast Asian states. Advisors/Committee Members: Williams, Sarah, Faculty of Law, UNSW, Byrnes, Andrew, Faculty of Law, UNSW.

Subjects/Keywords: localization; international criminal law; Southeast Asia; norms; international criminal justice; Cambodia; Indonesia; The Philippines

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Palmer, E. (2017). International Criminal Law in Southeast Asia: Beyond the International Criminal Court. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/58476

Chicago Manual of Style (16th Edition):

Palmer, Emma. “International Criminal Law in Southeast Asia: Beyond the International Criminal Court.” 2017. Doctoral Dissertation, University of New South Wales. Accessed October 14, 2019. http://handle.unsw.edu.au/1959.4/58476.

MLA Handbook (7th Edition):

Palmer, Emma. “International Criminal Law in Southeast Asia: Beyond the International Criminal Court.” 2017. Web. 14 Oct 2019.

Vancouver:

Palmer E. International Criminal Law in Southeast Asia: Beyond the International Criminal Court. [Internet] [Doctoral dissertation]. University of New South Wales; 2017. [cited 2019 Oct 14]. Available from: http://handle.unsw.edu.au/1959.4/58476.

Council of Science Editors:

Palmer E. International Criminal Law in Southeast Asia: Beyond the International Criminal Court. [Doctoral Dissertation]. University of New South Wales; 2017. Available from: http://handle.unsw.edu.au/1959.4/58476


University of New South Wales

2. Kapur, Amrita. Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea.

Degree: Law, 2018, University of New South Wales

The problem investigated by this thesis is the continuing impunity for international crimes of sexual violence, notwithstanding States’ international legal obligations to investigate and prosecute these crimes and the creation of the International Criminal Court (ICC) intended to end their impunity. Operating on a complementary basis to national jurisdictions, the ICC’s goal is that States comply with their international obligations to exercise criminal jurisdiction over those responsible for international crimes. To promote this goal the ICC Office of the Prosecutor (OTP) has pursued a policy of positive complementarity to encourage and catalyse genuine national investigations of international crimes. Using a qualitative case-study methodology including desk and empirical research in Colombia and Guinea, this thesis offers both a theoretical and empirical contribution to the literature. First, it offers a theoretical explanation, based on Koh’s Transnational Legal Process (TLP) theory, of how the OTP could catalyse national investigations and prosecutions of international crimes of sexual violence. Second, it contributes to empirical literature through field research on national proceedings regarding international crimes of sexual violence in two States under preliminary examination: Colombia and Guinea. The data demonstrates that TLP does generally explain how the OTP’s engagements with various actors may induce or affect State investigations for crimes under OTP scrutiny. However, the discrepant lack in competence, frequency and adequacy between State responses for sexual violence crimes compared to other crimes was not well explained by TLP. As predicted by the thesis and consistent with feminist critiques of international and criminal law, TLP, as a gender-neutral compliance theory, could not account for this disparity. The empirical trends emerging from the two contrasting contexts indicate that explicit prioritisation of sexual violence crimes and a more nuanced gender-sensitive strategy by the OTP will yield more—and better quality—national investigations and prosecutions for international crimes of sexual violence. These findings inform recommendations on how to improve TLP’s explanatory capacity in relation to gender-based international obligations and the OTP’s catalytic influence on national proceedings for international crimes of sexual violence. Advisors/Committee Members: Byrnes, Andrew, Faculty of Law, UNSW, Williams, Sarah, Faculty of Law, UNSW.

Subjects/Keywords: International Criminal Court; Sexual violence; International criminal law; Norm internalisation; Colombia; Guinea; Transnational Legal Process

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Kapur, A. (2018). Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/60091

Chicago Manual of Style (16th Edition):

Kapur, Amrita. “Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea.” 2018. Doctoral Dissertation, University of New South Wales. Accessed October 14, 2019. http://handle.unsw.edu.au/1959.4/60091.

MLA Handbook (7th Edition):

Kapur, Amrita. “Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea.” 2018. Web. 14 Oct 2019.

Vancouver:

Kapur A. Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea. [Internet] [Doctoral dissertation]. University of New South Wales; 2018. [cited 2019 Oct 14]. Available from: http://handle.unsw.edu.au/1959.4/60091.

Council of Science Editors:

Kapur A. Exploring the catalytic potential of the International Criminal Court in preliminary examinations: the role of norm-interpretive interactions in catalysing national prosecutions of sexual violence in Colombia and Guinea. [Doctoral Dissertation]. University of New South Wales; 2018. Available from: http://handle.unsw.edu.au/1959.4/60091

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