The Zimbabwe Torture Case: Reflections on Domestic Litigation for International Crimes in Africa

by | Sep 23, 2019 | ACTA, ACTA 2016

The Zimbabwe Torture Case: Reflections on Domestic Litigation for International Crimes in Africa

Authors Angela Mudukuti

ISSN: 1996-2088
Affiliations: International Criminal Justice Lawyer at the Southern Africa Litigation Centre
Source: Acta Juridica, 2016, p. 287 – 296

Abstract

This piece highlights the importance of civil society initiatives to fight impunity on the domestic level in African countries, drawing on my experiences working on international criminal justice issues at the Southern Africa Litigation Centre. International crimes cannot be the business of the International Criminal Court alone and in order for complementarity to be realised, domestic jurisdictions must pull their weight. Here I will focus on one crucial civil society accountability initiative, the ground-breaking universal jurisdiction case that set an important precedent in South Africa, and globally: Southern Africa Litigation Centre and Another v The National Director of Public Prosecutions and Others. I will set out the key aspects of the case that enabled SALC to require the South African authorities to investigate allegations of international crimes, and show how the case has Continental and global significance by breathing new life into the principle of universal jurisdiction.

A Call to Action: National Bar Associations as Key Civil Society Actors for the Promotion of International Criminal Justice in Africa

by | Sep 23, 2019 | ACTA, ACTA 2016

A Call to Action: National Bar Associations as Key Civil Society Actors for the Promotion of International Criminal Justice in Africa

Authors Tosin Osasona

ISSN: 1996-2088
Affiliations: Research Associate at the Centre for Public Policy Alternatives, Lagos, Nigeria
Source: Acta Juridica, 2016, p. 272 – 286

Abstract

This reflection from the field argues that African bar associations have the potential to play a significant part in the fight against impunity in African countries, given their legal expertise and high standing in society, and calls on them to use these assets for this purpose. After providing a brief overview of the history of civil society efforts to promote human rights and the rule of law on the African Continent, the author considers the strength of bar associations and law societies in strengthening the rule of law promoting accountability on the Continent. The author assesses the prospect of using bar associations and law societies to popularise and promote international criminal justice in Africa.

The Case for a Victim-Friendly ICC: Reparations and the Conflict in Northern Uganda

by | Sep 23, 2019 | ACTA, ACTA 2016

The Case for a Victim-Friendly ICC: Reparations and the Conflict in Northern Uganda

Authors Špela Kunej, Victor Ochen

ISSN: 1996-2088
Affiliations: Research Fellow, Max Planck Foundation for International Peace and the Rule of Law, Heidelberg, Germany; Archbishop Tutu Fellowship Alumnus; Founder and Director, African Youth Initiative Network (AYINET), Lira, Northern Uganda; United Nations Global Goals Ambassador for Peace and Justice
Source: Acta Juridica, 2016, p. 247 – 271

Abstract

The basic claim of this contribution is simple: the manner in which the International Criminal Court (ICC) would possibly implement judicial reparations in Northern Uganda has the potential to provoke conflict within beneficiaries’ communities as well as between those communities that receive reparations and those that do not. While it is positive that the ICC, unlike its predecessors, considers victims in their capacity as victims and provides for reparations, the reparation principles, which the Appeals Chamber adopted in the recent Judgment on the appeals against the ‘Decision establishing the principles and procedures to be applied to reparations’ (hereinafter Lubanga, Appeals Judgment on reparations and Lubanga, Decision on reparations respectively), [fn1] would need to be modified for other contexts. Until such time, the Court could consider not implementing judicial reparations in Northern Uganda. footnote 1: ICC, The Prosecutor v Thomas Lubanga Dyilo, Appeals Chamber, Judgment on the appeals against the ‘Decision establishing the principles and procedures to be applied to reparations’ of 7 August 2012, ICC-01/04-01/06-3129, 3 March 2015.

The Role of African Civil Society in Shaping National Transitional Justice Agendas and Policies

by | Sep 23, 2019 | ACTA, ACTA 2016

The Role of African Civil Society in Shaping National Transitional Justice Agendas and Policies

Authors Hugo van der Merwe, Jasmina Bankovic

ISSN: 1996-2088
Affiliations: Head of Research, Centre for the Study of Violence and Reconciliation, South Africa; Senior Researcher, Centre for the Study of Violence and Reconciliation, South Africa
Source: Acta Juridica, 2016, p. 225 – 243

Abstract

Drawing on practitioner perspectives on 20 years of transitional advocacy efforts in Africa, this article examines the different roles that local civil society has played in shaping national transitional justice processes on the Continent. The article discusses how local organisations adopt, adapt and resist international criminal justice concepts and institutions in their pursuit of accountability, redress and social transformation in their countries. After first examining why civil society organisations are critical in a transitional justice context, the article discusses the range of contributions made by civil society using typologies that seek to make sense of different dimensions of their work. The article then discusses the substantive versus process goals of African organisations, as well as the various stages of civil society engagement across a transitional justice process. It concludes with a reflection on some of the main challenges facing organisations working on transitional justice in the region, particularly in developing and maintaining a locally relevant vision for transitional justice in each country.