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Your search keyword '"van der Vyver, Johan D."' showing total 6 results
Start Over Author "van der Vyver, Johan D." Topic international criminal court
6 results on '"van der Vyver, Johan D."'

2. ISRAEL AND THE TERRITORIAL INTEGRITY OF STATES.

Author

van der Vyver, Johan D.

Subjects
*NATIONAL territory, *ISRAELI settlements (Occupied territories), *ARAB-Israeli conflict
Abstract

The territorial integrity of States has come to be accepted as a fundamental principle of international law. The secession of a region from an existing State will be accepted in very special circumstances, but the acquisition of a territory that is included within the national borders of a State is strictly prohibited. The territorial integrity of Palestine is the central theme of this Article. The establishment of Israeli settlements in Palestine and the construction of a wall/fence by Israel within Palestinian territories has been condemned in terms of the Geneva Conventions of 12 August 1949 and by an advisory opinion of the International Court of Justice, respectively. In January 2020, former President of the United States, Donald Trump, with Israeli President Benjamin Netanyahu by his side, announced a "peace plan" in the Israeli-Palestinian dispute that will constitute a "win-win opportunity for both sides." The "peace plan" included Israeli control of a unified Jerusalem as its capital, the annexation of Palestinian land with the Jordan River as its Eastern border, and sovereignty of Israel over Jewish settlements in Judea and Samaria. It is argued that the Trump/Netanyahu proposal is not a "peace plan" since Palestinian authorities were not included in its design and that the taking of Palestinian land by Israel clearly constitutes a blatant violation of the territorial integrity of Palestine. Palestine has been recognized as a State by 138 Member States of the United Nations, has been admitted as a Member State of the International Criminal Court (ICC), and although the Prosecutor of the ICC has raised certain concerns about the territorial confines of Palestine, a Pre-Trial Chamber of the ICC recently decided that its territorial jurisdiction extends over the entire Palestinian territory occupied by Israel, including Gaza, the West Bank, and East Jerusalem. [ABSTRACT FROM AUTHOR]

Published
2021

3. The Al Bashir debacle

Author

van der Vyver, Johan D

Subjects
genocide, sovereign immunity, rule of law, warrant of arrest, International Criminal Court, African Union, Al Bashir
Abstract

This article deals with the failure of states to comply with their obligation to execute the warrant issued by the International Criminal Court for the arrest of President Omar Hassan Ahmed Al Bashir of Sudan. President Al Bashir is to stand trial on serious charges, including acts of genocide, based on action taken on instructions of President Al Bashir to eliminate nationals of Sudan who are not of Arab extraction. President Al Bashir may be depicted as the Adolph Hitler of Africa by virtue of his efforts to create a Sudanese Herrenvolk and, in the process, causing the death of between 200 000 and 400 000 members of African tribes in the Sudanese province of Darfur and the displacement of approximately 2,5 million people. A special focus of the article is the hosting of President Al Bashir by the South African government in June 2015 at a summit of the African Union in johannesburg, in blatant defiance of the rule of law, and escorting him out of the country in contempt of an order of the High Court, Gauteng Division. South Africa claimed that its obligations as a member state of the African Union prevented it from executing the warrant of arrest. However, South Africa was compelled to execute the warrant of arrest (a) as a state party to the ICC Statute; (b) because the Security Council had instructed all member states of the United Nations to do so, and (c) because South Africa's own Rome Statute Implementation Act, 2002 requires it of South African authorities. Claiming that President Al Bashir as a head of state enjoyed sovereign immunity is also based on a false premise, since sovereign immunity does not apply to prosecutions in international tribunals. Maintaining that President Al Bashir is immune from prosecution in the ICC is criticised in the article.

Published
2015

6. PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO (DECISION PURSUANT TO ARTICLE 67(1)(a) AND (b) OF THE ROME STATUTE ON THE CHARGES OF THE PROSECUTOR AGAINST JEAN-PIERRE BEMBA GOMBO).

Author

Van der Vyver, Johan D.

Subjects
*ACTIONS & defenses (Law), *CRIMINAL intent, *PROSECUTORS
Abstract

The article discusses a court case Prosecutor v. Jean-Pierre Bemba Gombo, which the case surrounds on the question of mens rea requirements of accountability under the Article 30 of the International Criminal Court (ICC) statute. The court questions the requirements of accountability which would be dealt by the pretrial chambers to confirm charges. In this regard, the provision of the Article 30 is explained to validate the crimes, and to determine the defendant's accountability.

Published
2010
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