Search result: 29 articles

x
The search results will be filtered on:
Journal African Journal of International Criminal Justice x
Article

Control in International Law

Journal African Journal of International Criminal Justice, Issue 1 2019
Keywords Effective / overall control, international human rights law, international criminal law, responsibility of states, statehood
Authors Joseph Rikhof and Silviana Cocan
AbstractAuthor's information

    The concept of control has permeated various disciplines of public international law, most notable international criminal law, international humanitarian law, international human rights law and the law of statehood as well as the law of responsibility for states and international organizations. Often this notion of control has been used to extend the regular parameters in these disciplines to capture more extraordinary situations and apply the same rules originally developed within areas of law, such as the application of the laws of war to occupation, the rules of human rights treaties to extraterritorial situations or state responsibility to non-state actors. This article will examine this notion of control in all its facets in international law while also addressing some of its controversies and disagreements in the jurisprudence of international institutions, which have utilized this concept. The article will then provide an overview of its uses in international law as well as its overlap from one discipline to another with a view of providing some overarching observations and conclusions.


Joseph Rikhof
Joseph Rikhof is an adjunct professor at the Common Law Faculty of the University of Ottawa.

Silviana Cocan
Silviana Cocan holds a double doctoral degree in international law from the Faculty of Law of Laval University and from the Faculty of Law and Political Science of the University of Bordeaux.
Article

Delimiting Deportation, Unlawful Transfer, Forcible Transfer and Forcible Displacement in International Criminal Law

A Jurisprudential History

Journal African Journal of International Criminal Justice, Issue 1 2019
Keywords International criminal law, theory of international law, crimes against humanity, deportation, unlawful or forcible transfer
Authors Ken Roberts and James G. Stewart
AbstractAuthor's information

    The forced displacement of civilian populations is an issue of significant global concern and a subject of extensive legal debate. In international criminal law, forced displacement is criminalized by a complex network of distinct but overlapping offences. These include the Crimes Against Humanity of deportation, forcible transfer, persecution and other inhumane acts, and the grave breach of the Geneva Conventions of ‘unlawful deportation or transfer’. International courts and tribunals have been inconsistent in the adoption of these crimes in their statues and in their subsequent interpretation, making it all the more difficult to distinguish between them. The jurisprudential history of these crimes is lengthy and not without controversy, highlighted by inconsistent judicial approaches. In this article, we offer a critical jurisprudential history of these displacement crimes in international criminal law.
    In particular, we focus on the case law emanating from the International Criminal Tribunal for the former Yugoslavia, a court that comprehensively addressed crimes associated with ethnic cleansing, a characteristic feature of that conflict, with the result that displacement was a central focus of that court. We set out our jurisprudential history in chronological order, beginning with the earliest inceptions of displacement crimes at the ICTY and then tracing their development toward the establishment of a consensus. Our hope is that the article sheds light on the development of these offences, informs future debate, and acts as a useful template for those seeking to understand how these crimes may have a role to play in future international jurisprudence.


Ken Roberts
Ken Roberts is Senior Legal Officer, International, Impartial and Independent Mechanism (Syria).

James G. Stewart
James G. Stewart is Associate Professor, Allard School of Law, University of British Columbia.
Article

Civil Society Perspectives on the Criminal Chamber of the African Court of Justice and Human Rights

Journal African Journal of International Criminal Justice, Issue 1-2 2018
Keywords Malabo Protocol, African Court, Criminal Chamber, International and Transnational Crimes, African Union
Authors Benson Chinedu Olugbuo LLB BL LLM Ph.D.
AbstractAuthor's information

    In June 2014, African Heads of States and Governments adopted the Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights in Malabo, Equatorial Guinea. The Malabo Protocol seeks to expand the jurisdiction of the African Court to international and transnational crimes. This development raises fundamental issues of jurisdiction, capacity, political will and regional complementarity in the fight against impunity in the African continent. The paper interrogates the role of Civil Society Organisations in the adoption and possible operationalisation of the Court in support of the efforts of the African Union to end human rights abuses and commission of international and transnational crimes within the continent.


Benson Chinedu Olugbuo LLB BL LLM Ph.D.
LLB (Nigeria); BL (Abuja); LLM (Pretoria); Ph.D. (Cape Town); Executive Director, CLEEN Foundation, Abuja–Nigeria and Research Associate, Public Law Department, University of Cape Town, South Africa.
Article

Le jugement de Hissène Habré

Une justice réparatrice exemplaire?

Journal African Journal of International Criminal Justice, Issue 1-2 2017
Keywords Restorative justice / justice réparatrice, victim / victime, reparation / réparation, Trust Fund for Victims / Fonds au profit des victimes, compensation / indemnisation
Authors Etienne Kentsa
AbstractAuthor's information

    The ruling of the African Extraordinary Chamber of Appeal in the Habré case is a resounding precedent, particularly in the area of reparations for victims of serious violations of international law. This article focuses on the process of identifying victims or beneficiaries of reparations and the reasons that led judges to favor compensation as a form of reparation. Moreover, the modalities for the implementation of reparations awarded are of paramount importance since, in the absence of effective remedies, the interest of the procedure would be considerably diminished. The implementation of reparations will certainly be the ultimate battle of the victims. Funding for the Trust Fund for Victims (FPV) is still expected. The Fund is expected to play a key role in implementing reparations for victims, the final judgment in this case is already an important precedent. Not only does it contribute to the consolidation of some advances in international criminal law in the field of restorative justice, but it also symbolizes Africa’s ability to prosecute and try the most serious international crimes committed in the region.
    L’arrêt rendu par la Chambre africaine extraordinaire d’assises d’appel dans l’affaire Habré est un précédent retentissant notamment dans le domaine des réparations au profit des victimes de violations grave du droit international. En fait, la présente contribution s’attarde sur le processus d’identification des victimes ou bénéficiaires des réparations et les raisons ayant amené les juges à privilégier l’indemnisation comme forme de réparation. Par ailleurs, les modalités de mise en œuvre des réparations ordonnées sont d’une importance capitale dans la mesure où en l’absence d’effectivité des réparations allouées, l’intérêt de la procédure serait considérablement amoindri. La mise en œuvre des réparations constituera certainement l’ultime bataille des victimes. Le financement du Fonds au profit des victimes (FPV) est toujours attendu. Pourtant le Fonds est censé jouer un rôle déterminant dans la mise en œuvre des réparations allouées aux victimes. Au demeurant, l’arrêt définitif dans cette affaire constitue déjà un précédent important. Non seulement, il contribue à l’affermissement de certaines avancées du droit international pénal en matière de justice réparatrice, mais surtout symbolise la capacité de l’Afrique à poursuivre et juger les crimes internationaux les plus graves commis dans la région.


Etienne Kentsa
E. Kentsa est actuellement candidat au Doctorat en droit de l’Université de Douala, Cameroun, et assistant à l’Université de Buéa. Ses domaines de spécialité sont le droit international pénal, le droit international des droits de l’homme, le droit international humanitaire et les finances publiques.
Article

Access_open Joint Criminal Enterprise before the Chambres Africaines Extraordinaires

Hissène Habré’s Direct and Indirect Criminal Liability

Journal African Journal of International Criminal Justice, Issue 1-2 2017
Keywords International criminal law, joint criminal enterprise, complicity, Chambres Africaines Extraordinaires / Extraordinary African Chambers, hybrid tribunals
Authors Kerstin Bree Carlson
AbstractAuthor's information

    The Chambres Africaines Extraordinaires (CAE), ad hoc chambers operating under the auspices of the Dakar municipal courts, were constructed to try Hissène Habré. In targeting Habré, the CAE was designed to appease Chadian calls for justice (from Habré’s victims, on one hand, and the Déby regime, on the other), resolve Senegal’s impasse over the legality of Habré’s culpability and allow the African Union to meet its leadership obligations. To this tall order, the CAE was required to exercise legitimate judicial authority in the contested sphere of international criminal law (ICL), where content is pluralist and political.
    This article examines the CAE’s finding of Habré’s culpability for war crimes, crimes against humanity and torture. The article shows that the CAE applied a novel construction of liability under ICL and argues that it did so in order to strengthen its authority and legitimacy. By so doing, the CAE has made a significant addition to the field of ICL. This article explores the CAE’s application of joint criminal enterprise (JCE) to consider how the internationally formulated doctrinal standard is reshaped by CAE practice.


Kerstin Bree Carlson
University of Southern Denmark and The American University of Paris.

    Focus on whether a criminal chamber in a reformed African Court represents progress or retrogression relative to advances made in the Rome Statute shifts attention from the similar foundation of the two courts on an epochal bifurcation between the worst human rights abuses and quotidian wrongs. This bifurcation compromises our understanding of how abuses are related, what we should do about them and how we should go about studying them. It is at the core of aspects of the International Criminal Court (ICC) that have come under severe criticism. It also imperils the criminal chamber of the nascent African Court.


Ato Kwamena Onoma
Council for the Development of Social Science Research in Africa.
Article

The Prosecution of Corporations before a Hybrid International Criminal Tribunal

The New TV and Akhbar Beirut Contempt Jurisdiction Decisions of the Special Tribunal for Lebanon

Journal African Journal of International Criminal Justice, Issue 1-2 2016
Keywords Special Tribunal for Lebanon, international criminal law, personal jurisdiction, corporate criminal liability, interpretation of Rules of Procedure and Evidence
Authors Manuel J. Ventura
AbstractAuthor's information

    This case note considers two decisions from two separate Appeals Panels of the Special Tribunal for Lebanon (“STL”) which held that the STL possessed the inherent power, pursuant to its inherent jurisdiction in matters relating to contempt, to exert its ratione personae jurisdiction over legal persons – two Lebanese corporations – accused of contemptuous conduct. These decisions opened the door for the first trials of corporate defendants in the history of international criminal law. The analyses of the Appeals Panels are pertinent to unresolved debates before United States (“US”) courts on whether the US Alien Tort Statute recognizes corporate liability for violations of the law of nations; raise the issue of the proper place of the principle of legality when jurisdictional questions arise as well as the proper interpretation of the STL’s Rules of Procedure and Evidence; and also have implications for other international criminal tribunals with provisions regulating contempt of court that are similarly worded to those in place at the STL.


Manuel J. Ventura
LL.M. (Hons) (Geneva Academy of International Humanitarian Law and Human Rights). Associate Legal Officer, Chambers, Special Tribunal for Lebanon; Director, The Peace and Justice Initiative <www.peaceandjusticeinitiative.org>; Adjunct Fellow, School of Law, Western Sydney University. Email: manuel.j.ventura@gmail.com.
Article

The Fight against Corruption in Sierra Leone

Challenges and Opportunities in the Jurisprudence

Journal African Journal of International Criminal Justice, Issue 1-2 2016
Keywords Accountability, corruption, judicial approach, jurisprudence, reforms
Authors Michael Imran Kanu
AbstractAuthor's information

    The fight against corruption in Sierra Leone gained momentum, at least in terms of policy direction, following the enactment of the Anti-Corruption Act 2000 and the Amendment Act in 2008. It is considered to be one of the most robust anti-graft laws in the world and its promulgation is in recognition of the international and national resolve to fight the menace, owing to its devastating effects, especially in the Least Developed Countries (LCDs) of the world. The Anti-Corruption Act of 2000, though viewed as a tremendous move towards curtailing corruption, was riddled with shortcomings. Practitioners viewed the Act as limited in the number of proscribed offences created, coupled with the lack of independence signified by the absence of prosecutorial powers. With the enactment of the Amendment Act in 2008, it is crucial to examine the opportunities it has created to eradicate corruption. Critical also to the national and global resolve is the consideration of challenges that may have sprouted. This paper will examine some of the opportunities and challenges in the jurisprudence in the fight against corruption in Sierra Leone, with the aim of providing an avenue for reflection as well as a prompter for legislative reforms or change in judicial approach.


Michael Imran Kanu
Department of Legal Studies, Central European University. Email: Kanu_Michael@phd.ceu.edu.
Article

Accountability for Forced Displacement in Democratic Republic of Congo and Uganda before the International Criminal Court

Journal African Journal of International Criminal Justice, Issue 2 2015
Keywords Forced displacement, International Criminal Court, Uganda, Democratic Republic of Congo, reparations
Authors Luke Moffett
AbstractAuthor's information

    This article examines the challenges of investigating and prosecuting forced displacement in the Central African countries of Democratic Republic of Congo and Uganda, where higher loss of life was caused by forced displacement, than by any other. In the Democratic Republic of Congo, armed groups intentionally attacked civilian populations displacing them from their homes, to cut them off from food and medical supplies. In Northern Uganda, the government engaged in a forced displacement policy as part of its counter-insurgency against the Lord’s Resistance Army, driving the civilian population into “protected villages”, where at one point the weekly death toll was over 1,000 in these camps. This article critically evaluates how criminal responsibility can be established for forced displacement and alternative approaches to accountability through reparations.


Luke Moffett
Lecturer and Director of the Human Rights Centre, Queen’s University Belfast, l.moffett@qub.ac.uk.

    Over the last decade, Nigeria has witnessed several high-intensity conflicts. It became a country under preliminary investigation by the International Criminal Court (ICC) following allegations of serious crimes. In 2013, the boko haram insurgency was classified as a “non-international armed conflict.” Commentators appear divided over the capacity and willingness of domestic institutions to manage crimes arising from or connected with conflicts in Nigeria. Those who argue for unwillingness often point to the struggle to domesticate the Rome Statute of the International Criminal Court (Rome Statute) as one of the clearest indication that there is not sufficient interest. This article interrogates the question of seeming impunity for serious crimes in Nigeria and makes a case for domesticating the Rome Statute through an amendment to the Crimes against Humanity, War Crimes, Genocide and Related Offences Bill, 2012 pending before the National Assembly.


Stanley Ibe
LL.B. (Lagos State University, Nigeria); LL.M. (Maastricht University, The Netherlands); Postgraduate Diploma in International Protection of Human Rights (Abo Akademi, Finland). Ibe is an associate legal officer for Africa at the Open Society Justice Initiative. He writes in a private capacity.

    This article explores the politics of international criminal justice and argues that the International Criminal Court is a lieu of staged performance where actors deploy their political narratives. Using the Situation in the Republic of Côte d’Ivoire before the ICC and focusing on the pre-trial phase, I contend that the defendants Laurent Gbagbo and Charles Blé Goudé project a performance and deploy political narratives that are the extension of the politics of the Ivorian crisis, which make the Court the quintessential arena where domestic and international politics cohabit with law and rules of procedure.


Oumar Ba
Oumar Ba is a PhD Candidate in the Department of Political Science at the University of Florida.
Showing 1 - 20 of 29 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.