Policing in a failing state: An impossible mission

Policing in a failing state: An impossible mission

Author: David Masiloane

ISSN: 1996-2118
Affiliations: DLitt et Phil (Unisa); Professor, Department of Police Practice, Unisa
Source: South African Journal of Criminal Justice, Volume 37 Issue 1, p. 84 – 102
https://doi.org/10.47348/SACJ/v37/i1a4

Abstract

The political interference and poor governance lead to a weak police service that fails to provide safety and security to communities. This exposes people to crime and criminality and makes them lose trust in the police, compelling them to take the law into their own hands. A weak state paralyses the police, and a paralysed police service reflect a weak state. This study analysed books, articles, and print and electronic media to determine whether South Africa exhibits some of the characteristics of a failing state, and what impact this has on the police and policing in the country. The failure of the state at any level – such as the inability of the National Student Financial Aid Scheme to speedily disburse financial aid to students, municipalities’ incapacity to render services to communities, and the police’s powerlessness in dealing with high crime rates – leads to public discontent, anger and frustration, which tend to be expressed through violent protests. The policing of these protests is often criticised as being either indecisive or brutal, thus presenting a continuous challenge to police leadership on how to strike a sensitive balance between indecisiveness and brutality.

The Prosecutor v Dominic Ongwen case before the International Criminal Court: A Twail-er’s perspective

The Prosecutor v Dominic Ongwen case before the International Criminal Court: A Twail-er’s perspective

Author: Linda Mushoriwa

ISSN: 1996-2118
Affiliations: LLB (University of Zimbabwe) LLM (Unisa) PhD (University of KwaZulu-Natal); Researcher, African Centre for Transnational Criminal Justice, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 37 Issue 1, p. 103 – 126
https://doi.org/10.47348/SACJ/v37/i1a5

Abstract

This paper explores whether the International Criminal Court (ICC or ‘the court’) has lived up to the expectation of being an effective and universal mechanism of international criminal justice and accountability, by using the judgment of the Prosecutor v Dominic Ongwen as a case study. Ongwen was convicted by the court’s Trial Chamber (TC) IX in February 2021, on 61 charges of war crimes and crimes against humanity perpetrated in Northern Uganda between July 2002 and December 2005, and sentenced to 25 years’ imprisonment. The Appeals Chamber (AC) confirmed both the conviction and sentence in a judgment rendered on 15 December 2022. It will be argued from a Third World approaches to international law (TWAIL) perspective, that the court missed an opportunity to improve its institutional legitimacy, considering the legitimacy deficit stemming from claims by African states that the ICC is biased against Africa. The paper will also argue that the court missed an opportunity to improve its own decision-making by expanding its source material to include sources from the Global South.