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You searched for +publisher:"University of South Africa" +contributor:("Qasaymeh, Khaled Ahmed"). Showing records 1 – 2 of 2 total matches.

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University of South Africa

1. Mathebula, Dingaan Willem. South African legal aspect for voluntary repatriation of refugees .

Degree: 2015, University of South Africa

The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions. Advisors/Committee Members: Qasaymeh, Khaled Ahmed (advisor).

Subjects/Keywords: Refugees; Voluntary repatriation; Cessation; Non-refoulement; South Africa; United Kingdom; Canada

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

APA (6th Edition):

Mathebula, D. W. (2015). South African legal aspect for voluntary repatriation of refugees . (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/19916

Chicago Manual of Style (16th Edition):

Mathebula, Dingaan Willem. “South African legal aspect for voluntary repatriation of refugees .” 2015. Masters Thesis, University of South Africa. Accessed September 26, 2020. http://hdl.handle.net/10500/19916.

MLA Handbook (7th Edition):

Mathebula, Dingaan Willem. “South African legal aspect for voluntary repatriation of refugees .” 2015. Web. 26 Sep 2020.

Vancouver:

Mathebula DW. South African legal aspect for voluntary repatriation of refugees . [Internet] [Masters thesis]. University of South Africa; 2015. [cited 2020 Sep 26]. Available from: http://hdl.handle.net/10500/19916.

Council of Science Editors:

Mathebula DW. South African legal aspect for voluntary repatriation of refugees . [Masters Thesis]. University of South Africa; 2015. Available from: http://hdl.handle.net/10500/19916


University of South Africa

2. Kgosietsile, Madume. Protection against torture in international law .

Degree: 2015, University of South Africa

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. Advisors/Committee Members: Qasaymeh, Khaled Ahmed (advisor).

Subjects/Keywords: Torture; UNCAT; SA Torture Act; Geneva conventions; Criminal tribunals; Legislation; International customary law; State party obligations; Jurisdiction on torture; International crimes; Terrorism

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

APA (6th Edition):

Kgosietsile, M. (2015). Protection against torture in international law . (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/19200

Chicago Manual of Style (16th Edition):

Kgosietsile, Madume. “Protection against torture in international law .” 2015. Masters Thesis, University of South Africa. Accessed September 26, 2020. http://hdl.handle.net/10500/19200.

MLA Handbook (7th Edition):

Kgosietsile, Madume. “Protection against torture in international law .” 2015. Web. 26 Sep 2020.

Vancouver:

Kgosietsile M. Protection against torture in international law . [Internet] [Masters thesis]. University of South Africa; 2015. [cited 2020 Sep 26]. Available from: http://hdl.handle.net/10500/19200.

Council of Science Editors:

Kgosietsile M. Protection against torture in international law . [Masters Thesis]. University of South Africa; 2015. Available from: http://hdl.handle.net/10500/19200

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