LCP4801 Assignment 2 (QUALITY ANSWERS) Semester 2 2023 (739050)

This document contains workings, explanations and solutions to the LCP4801 Assignment 2 (QUALITY ANSWERS) Semester 2 2023 () . For assistance call or us on ..,. Question 1 While there is ongoing controversy in doctrine on many norms suggested for jus cogens, it appears to be widely accepted to classify a few fundamental norms. 1.1 Define or explain the meaning of jus cogens? (3) 1.2 List five (5) examples of what are generally accepted jus cogens norms. (5) Question 2 In 1945, the United Nations (UN) succeeded the League of Nations. Answer the following: 2.1 Why was the League of Nations replaced? (2) 2.2 List the main bodies/structures that make up the United Nations. (5) Discuss the fundamental characteristics of the Third World Approaches to International Law (TWAIL) scholarship and political action. (10) Question 4 In June 2014, the African Union sitting in Malabo, Equatorial Guinea adopted a legal instrument that expanded the jurisdiction of the African Court of Justice and Human Rights. The instrument known as the Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the Malabo Protocol) introduced a third chamber known as the International Criminal Law Section. This effectively created a new international criminal court for Africa. However, progressive as this initiative was, several commentators raised concern with article 46A (the immunity clause), which provides that: “No charges shall be commenced or continued before the Court against any serving AU Head of State or Government, or anybody acting or entitled to act in such capacity, or other senior state officials based on their functions, during their tenure of office.” Your organisation, Peace for Africa is a human rights organisation working in conflict zones around the continent to identify and assist victims of human rights violations. With reference to case law and other authoritative sources of international law, provide a detailed opinion on whether a head of state or representative of a foreign government has immunity from international crimes. (25) [50]