Patricia Hobbs

Brunel University, Brunel Law School, Faculty Member

Newcastle University, Law, Graduate Student

The University of Newcastle, Law, Undergraduate

The University of Manchester, Law, Graduate Student

Followers

Following

Public Views

I have been a Lecturer in Law at Brunel University since 2014. Before joining Brunel University, I was was Associate Lecturer/GTA at the University of Manchester, and before that I was a teaching assistant at Newcastle Law School. I was awarded a fully funded studentship by the University of Manchester to study for my PhD, successfully defended in 2012. My doctoral thesis focused on the relationship between the Rome Statute and the principle of state sovereignty, with a particular emphasis on the Kenya situation and the crimes perpetrated following the 2008 elections. My research and publications focus on the effectiveness of the International Criminal Court in dealing with the complexities arising from the prosecution of international crimes, from the immunity of a sitting President to fair trial procedures. My current research project, funded by the British Academy, focuses on the cooperation regime between the ICC and member states.
Supervisors: Prof. Qureshi and Dr Maogoto
Phone: 01895266279
Address: Brunel Law School
Brunel University
Uxbridge, London

less

University of Juba

Colby College

Professor Sascha-Dominik Dov Bachmann

University of Canberra

Dr Luke Eda

University of the West of England

Bartram Brown

Interests

Uploads

Papers by Patricia Hobbs

Revisiting the International Criminal Law Regime established by the Rome Statute from the perspective of State Sovereignty

This thesis looks at the dynamics between the concept of State sovereignty and the new internatio... more This thesis looks at the dynamics between the concept of State sovereignty and the new international criminal law regime established by the Rome Statute. The principle of State sovereignty has served as a foundation of the international legal order for centuries because the State is traditionally considered to be the subject as well as the maker of international law. It is, however, a very contentious principle because many attempts have been made to give it a specific content, but this content has to be redefined in the light of modern trends and developments at the international level, which is then reflected at the national level. The concept has therefore always existed within an interstate paradigm, whereby States interact, cooperate and bargain with one another to serve and safeguard their own interests. However, the human rights movement has changed this state of affairs, and the creation of a permanent international criminal court represents a culmination of this movement. T...

Download

Contemporary Challenges in Relation to the Prosecution of Senior State Officials before the International Criminal Court

International Criminal Law Review, 2015

The International Criminal Court (icc) proceedings against Mr Ruto and Mr Kenyatta have been hind... more The International Criminal Court (icc) proceedings against Mr Ruto and Mr Kenyatta have been hindered by a series of arguments and counterarguments aiming either to avoid prosecution altogether or, at best, to cause significant delays. Moreover, the African Union (au) has repeatedly provided additional support to Kenya’s standpoint, furthering the interests of the region over international criminal justice. Following Kenya’s legitimate efforts to retain the jurisdiction over the crimes that took place in 2007–2008, the status of the defendants became an obstacle to effective prosecutions, giving rise to further areas of dispute, namely immunity, trial attendance and a general uncooperative attitude towards Prosecution requests, leaving the icc virtually unable to proceed. This article highlights the current problems encountered by the icc in relation to the Kenya situation, and argues that a stronger collaboration with the African Union (au) is vital for the icc effectiveness in tha...

Download

The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals

Criminal Law Forum, 2020

The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some... more The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity. Following Gabon’s self-referral in 2016, and in view of the recent termination of the ICC Prosecutor’s Preliminary Examinations in Gabon, this paper argues that African States’ self-referral practice continues to represent a step backwards for African local justice and accountability. The fact that in this particular situation the necessary threshold was not met is actually not relevant for the argument put forward in this paper, namely that this practice should now be put under scrutiny rather than accepting, at face value, a self-referral whenever an (African) State proposes...

Download

The Right to a Fair Trial and Judicial Economy at the International Criminal Court

International Human Rights Law Review, 2016

Following the civil unrest in Kenya in 2008 and Kenya’s inability to prosecute the perpetrators o... more Following the civil unrest in Kenya in 2008 and Kenya’s inability to prosecute the perpetrators of those crimes, the International Criminal Court (icc) prosecutor initiated proceedings proprio motu against Mr Uhuru Kenyatta and Mr William Ruto. Despite the impending prosecutions, Mr Kenyatta and Mr Ruto were elected as President and Deputy President of Kenya in 2013. Due to their prominent status, they both applied (separately) to be excused from continuous attendance at their trial proceedings. Mr Ruto’s argument was heard first, and Trial Chamber (A) granted the excusal request. In the course of Mr Kenyatta’s hearing by Trial Chamber (B), but before the Appeals Chamber reversed Mr Ruto’s Trial Chamber (A) decision, the issue of judicial economy was raised by the prosecution. Their contention was that Trial Chamber (B) should in fact wait for the Appeals Chamber’s final decision, but the Chamber dismissed the argument and proceeded with the decision at hand. This article contends t...

Download

A New Kind of International Law Following the 9/11 Disaster? A Critical Analysis of U.S. Practice, the Use of Torture and its Effects on the International Community

Download

Revisiting the International Criminal Law Regime established by the Rome Statute from the perspective of State Sovereignty

Download

Contemporary Challenges in Relation to the Prosecution of Senior State Officials before the International Criminal Court

International Criminal Law Review, 2015

Download

The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals

Criminal Law Forum, 2020

Download

The Right to a Fair Trial and Judicial Economy at the International Criminal Court