If BEING TOO EAGER TO PROSECUTE AMOUNTS TO;BEING UNWILLING OR UNABLE GENUINELY TO DO SO,Art.17 ICC

The instructions are strict but very important for me that I will need all the notes related because my supervisor will need to see every thing and it will also help me to follow up in times of the defence.
Do not mind if the pages get more than two just let me know in time and I will pay before you deliver. Then after his confirmation, them we have a deal to do chapter by chapter after his comments and feed backs.
I would highly appreciate if all my request is followed.
• Prepare a thesis structure properly,
• Discover, digest, analyse and critique relevant primary sources,
• Same with secondary sources.
(i) Take the research question, ask "What subsidiary questions do I need to answer in order for me to answer the research question?" and take detailed notes of your thoughts;
(ii) Re-read all of the scholarly writings you have collected, taking detailed notes of your thoughts as you go;
(iii) Identify in the footnotes of these writings further sources and authorities, chase them and read them as well, taking detailed notes of your thoughts as you go;
(iv) Visit the ICC website and read all relevant Kenya-related decisions and Libya-related decisions on admissibility, taking detailed notes of your thoughts as you go; then;
(v) Develop at least three alternative outlines of what your thesis should contain, each such outline taking a clearly different point of departure and analytical angle from the other.

I expect to see the outcome of the work under sub-items (i) through (v) mentioned above. Then writing of the actual thesis will begin after a positive feed back from my supervisor.
Actually retrieving and reading, from back to back, each of filings submitted by the parties and the decisions that the ICC has issued regarding Libya’s jurisdictional challenge is very important. Collecting, and copying, paraphrasing or summarising other people’s opinion, is not doing research. Doing research means pursuing and evaluating the ORIGINAL SOURCES, I need to see notes taken while reading the relevant filings and decisions of the ICC.
I am not (yet) interested in other people’s and entities’ opinion of the ICC. I am rather interested in whether one has gathered and gone through the primary material.
(1) The actual filings of those representing the government of Libya, the government of Kenya, the prosecution, the defence and the victims, and
(2) The actual decisions and rulings that the ICC’s pre-trial chambers on Libya and Kenya, as well as the court’s trial chamber for the two Kenyan cases, have issued, then.
(3) We can then start writing one introductory chapter – but no more than that chapter – and send it to my supervisor for comments. After the comments on the structure, material and content. He can also show us how we should (and, more importantly, should not) treat and indicate our sources.

THis is the Tittle it could ot fit in the title line.
Whether"BEING TOO EAGER TO PROSECUTE"AMOUNTS TO "BEING UNWILLING OR UNABLE GENUINELY"TO DO SO WITHIN THE MEANING OF ARTICLE 17 OF THE ROME STATUTE(ICC).

Dear writer,

Thanks for the good work and here we have a deal to strat up and i have communicated to the support about it. as soon as they redirect me and i pay, you will start the work. otherwsie here is the feed back and you can start working on it if you wish, as i clear my part. you will get to know as soon as am done.

Please i have a very strict supervisor and i will begg you to follow her instructions and feedback Word by Word. thanks.

Thank you very much for the message and material.

I am pleased to see that you have got hold of some of the primary sources and read through them. If you wish to continue with this step-by-step approach to your thesis, I would ask you also to obtain the numerous submissions filed by the Gaddafi (and Al-Sennusi) defence counsel. In particular, you should closely read what the Office of Public Counsel for the Defence had to say about Libya’s positions throughout the jurisdictional challenge proceedings.

As for the angle of your thesis statement, I would prefer that you discuss something more legal. Asserting that the ICC should be able to monitor the genuineness of national investigations and prosecutions does not have much legal content at all. What would be of greater interest, from a properly “law” point of view, is whether the unwillingness-and-inability test entails something other than what Article 17 specifically says. Your thesis should be able to answer that question in one way or another and, if the answer is “Yes, the test contains more than what Article 17 specifically says,” then to identify and discuss what that additional content is.

If, on the other hand, it is your wish to get your thesis written up quickly (more or less as outlined in your latest description) and submitted in time for the 1 December deadline, then, it is, of course, up to you to do so. I need to warn you, though, that it is highly likely to fail or receive a low mark.

In view of the foregoing, please do this; Please obtain all the defence submissions filed in connection with the Gaddafi and Al-Sennusi jurisdictional challenges, read them carefully, and tell me, in writing, what you thought about their arguments.

As you may have hear

Few suggestions:
1. The section where you are saying “literature review” should be in an introductory section, the part that is leading to the statement problem.
That section should clearly state where are the gaps and what the gaps are causing, why it is important to change them. Is it important, for ex. to let the state participate in the prosecution because it is important for the state to ‘save it’s face’ within the international community?

2. You are proposing a solution with mixed judiciary system:
state and the ICC combined.

You should show how are you going to do so.
Are you going to examine art.17, or other articles from the Roman Statute and possibly look for terms that describe a time frame within which states have to act. Let’s say, it states in the art.17 that states have to prosecute within a ‘reasonable time’. Your study then can focus on defining what ‘reasonable’ could mean in reference to the African states. You can, for example examine number of cases where states prosecuted suspects within 6 mths. And, for example, you can show that if they didn’t prosecute within that time, they don’t do it at all.
Or, we can deal with situation where the ‘reasonable time’ for the African states is something different because of a different criminal procedure, in which case the states should be given more time.
Or, you can say that they were not equipped with the functional legal system to do so. You can focus on showing which aspects of the systems failed and therefore, it needs assistance from the ICC in this area.

3. The literature review, you will start working on, when the professor approves the direction of your work.
He will tell you, if you need it. If you do, then it should look at works of other scholars who work on the same or similar issues. And you should be doing more or better or different then them.
It should be your critique of their work. Should go something like: even though Smith in his famous study shows that the art.17 does not correspond with the Member States’ domestic laws, he nevertheless does not specify the exact problem. Or his argument lacks dipper understanding of the local customs… Or you can question someone’s methods of conducting the study; he, for example, examined cases only from the post French colonies which had well functioning legal systems… PLEASE THE SECOND FEEDBACK IS NOT DIRECTLY FROM THE SUPERVISOUR BUT ITS IN MY OPINON WORTH LOOKING AT, DUT SINCE YOU ARE AN EXPERT IN THIS, I WILL LEAVE YOU TO DO YOUR BEST. ALL I WANT IS A VERY GOOD PEPER ACCEPTED BY MY SUPERVISOUR. AND THAT I GET AN A THANKS.

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