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"Criminal justice, Administration of Africa."
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Africa and the ICC : perceptions of justice
By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.
Book
The international criminal court at the mercy of powerful states : an assessment of the neo-colonialism claim made by African stakeholders
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis.Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zurich.
eBook
Transformation and trouble
Crime is one of the major challenges to any new democracy. Violence often increases after the lifting of authoritarian control, or in the aftermath of regime change. But how can a fledgling democracy fight crime without violating the fragile rights of its citizens? In Transformation and Trouble, accomplished theorist and criminal justice scholar Diana Gordon critically examines South Africa's efforts to strike the perilous balance between democratic participation and social control. South Africa has made great progress in pursuing the Western ideals of participatory justice and due process. Yet Gordon finds that popular concerns about crime have fostered the growth of a punitive criminal justice system that undermines the country's rights-oriented political culture. Transformation and Trouble calls for South Africa to reaffirm its commitment to public empowerment by reforming its criminal justice system—an approach, she argues, that would strengthen the country's new democracy.
eBook
3 Years in Abusive Solitary Detention
\"A man sentenced to life in prison in one of Morocco's best-known trials for supposedly plotting terrorism, has apparently been held in abusive solitary detention for more than three years, Human Rights Watch said today [Jan 17, 2020]. The mass trial in which he was convicted was marred by serious rights violations. Abdelqader Belliraj, a dual Moroccan and Belgian citizen, is serving a life sentence largely based on his and co-defendants' 'confessions,' which they said were obtained under police torture. His wife told Human Rights Watch that Belliraj has been deprived of contact with inmates and confined to his cell 23 hours a day since 2016, which would contravene United Nations standards on the treatment of prisoners.\" (AllAfrica.com) This article examines the case of Abdelqader Belliraj, a man serving a life sentence who has been held in solitary confinement in Morocco for the past three years. Keeping someone in solitary confinement for long periods of time is considered a violation of the UN Standard Minimum Rules on the Treatment of Prisoners.
Newspaper Article
Distant justice : the impact of the International Criminal Court on African politics
There are a number of controversies surrounding the International Criminal Court (ICC) in Africa. Critics have charged it with neo-colonial meddling in African affairs, accusing it of undermining national sovereignty and domestic attempts to resolve armed conflict. Here, based on 650 interviews over 11 years, Phil Clark critically assesses the politics of the ICC in Uganda and the Democratic Republic of Congo, focusing particularly on the Court's multi-level impact on national politics and the lives of everyday citizens. He explores the ICC's effects on peace negotiations, national elections, domestic judicial reform, amnesty processes, combatant demobilisation and community-level accountability and reconciliation. In attempting to distance itself from African conflict zones geographically, philosophically and procedurally, Clark also reveals that the ICC has become more politicised and damaging to African polities, requiring a substantial rethink of the approaches and ideas that underpin the ICC's practice of distant justice.
Book
Cultures of violence : racial violence and the origins of segregation in South Africa and the American South
This book deals with the inherent violence of \"race relations\" in two important countries that remain iconic expressions of white supremacy in the twentieth century. *Cultures of violence* does not just reconstruct the era of violence. Instead it convincingly contrasts the \"lynch culture\" of the American South to the \"bureaucratic culture of violence\" in South Africa. By contrasting mobs of rope-wielding white Southerners to the gun-toting policemen and administrators who formally defended white supremacy in South Africa, *Cultures of violence* employs racial killing as an optic for examining the distinctive logic of the racial state in the two contexts. Combining the historian's eye for detail with the sociologist's search for overarching claims, the book explores the systemic connections amongst three substantive areas to explain why contrasting traditions of racial violence took such firm root in the American South and South Africa.
eBook
Cultures of violence
Deals with the inherent violence of race relations in South Africa and America that remain iconic expressions of white supremacy in the twentieth century. This book employs racial killing as an optic for examining the distinctive logic of the racial state in the two contexts.
eBook
Alarm As Uganda Moves to Criminalize HIV Transmission
\"Activists in Uganda, where HIV prevalence is on the rise, have warned that new legislation criminalizing deliberate transmission of the virus will further undermine efforts to stem the AIDS epidemic and erode the rights of those living with HIV...More than 150,000 people are becoming HIV-positive every year; 1.5 million Ugandans are HIV-positive, according to Uganda AIDS Commission statistics...Laws in Burundi, Kenya and Tanzania also criminalize deliberate HIV transmission, leaving Rwanda the only member of the East African Community not to do so.\" (AllAfrica.com) This article describes reactions to Uganda's new HIV law.
Newspaper Article