ISBN: 978 148515 163 0
Affiliations: LLB LLD (Stell) LLM (UP); Research fellow at the Department of Public Law, Stellenbosch University; LLB LLM LLD (Stell); Researcher (Law and Policy) at the SAMRC/Wits Centre for Health Economics and Decision Science – PRICELESS SA, School of Public Health, Faculty of Health Sciences, University of the Witwatersrand
Source: Yearbook of South African Law, Volume 4, p. 1181 – 1222
ISBN: 978 148515 163 0
Affiliations:BA (Law) LLB (Stell) LLM (Virginia) MA (Free State) MPA (Birmingham) LLD (Stell); Professor, Department of Public Law, Stellenbosch University; Director, African Procurement Law Unit
Source: Yearbook of South African Law, Volume 4, p. 1223 – 1237
ISBN: 978 148515 163 0
Affiliations: BA LLB (Cape) LLM (London) H Dip Tax (Wits) PhD (Macquarie); Professor Emeritus in
the School of Law, University of KwaZulu-Natal
Source: Yearbook of South African Law, Volume 4, p. 1238 – 1272
ISSN: 2521-2621
Affiliations: Associate Professor and Director of the African Centre for Transnational Criminal Justice, University of the Western Cape, Cape Town, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 1 – 19
https://doi.org/10.47348/AYIH/2022/a1
The efforts to resolve the conflict in Burundi through the implementation of transitional justice have been fraught with many challenges. The crisis in Burundi took a new twist in June 2020 with the sudden passing of one of the major roleplayers, President Pierre Nkurunziza. However, this has not resolved the crisis in any significant way so far, and it is imperative to revisit and examine some of the underlying legal issues and draw some lessons for the future. In this article, I argue that the Burundi crisis, arising from the third-term bid of then President Nkurunziza, presented a conflict of two legal orders—the domestic constitutional order of Burundi and the African Union legal order as embodied in a number of regional treaties, principally, the African Union Constitutive Act and the Charter on Democracy and Governance. This clash made it difficult, if not impossible, to achieve a different outcome when expectations came in direct conflict with decisions of the highest court in the Burundian legal order. External actors should be more circumspect and approach election-related legal processes more cautiously, because, ultimately, it is the domestic courts that will decide such cases.
ISSN: 2521-2621
Affiliations: Lecturer, Faculty of Law, University of the Free State, South Africa
Source: African Yearbook on International Humanitarian Law, 2022, p. 20 – 34
https://doi.org/10.47348/AYIH/2022/a2
Policy-oriented jurisprudence was used to substantively support certain arguments rendered by the International Criminal Tribunal for the former Yugoslavia (ICTY) in two cases, namely those against Dražen Erdemović and Pavle Strugar. Based on its limited use, the policy-oriented approach was clearly not a popular source of justification for arguments at the ICTY. However, its inclusion in structures of argument reveals at least some support for it. In the process of suggesting possible reasons why this particular theoretical approach was utilised in the justification of argument, this article aims to briefly discuss the broader philosophical tensions visible in the reliance on policy-oriented jurisprudence at the ICTY, viz, natural law/legal positivism, on the one hand, and the ‘two liberalisms’, identified by Darryl Robinson as inherent to international criminal law (ICL), on the other hand. Given that policy-oriented jurisprudence’s inclusion in ICL judgments makes its future invocation in ICL literature and judgments possible, the purpose of delving into the broader theoretical paradigms involved is important for the emergence of a coherent jurisprudence.