Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

Author: Doreen Muyonga

ISSN: 2958-8162
Affiliations: United States International University-Africa, Nairobi, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 167 – 183
https://doi.org/10.47348/AJCJ/2022/a7

Abstract

The coronavirus pandemic has tested the resilience of justice systems across the world. The enforcement of public health measures such as lockdowns, curfews, social distancing, and stay-at-home orders posed serious challenges to access to justice in most jurisdictions. However, in Somalia, the resilience of its traditional justice system, Xeer, saw it continue to render relatively quick justice that was otherwise lacking following the closure of the government’s justice system. This article seeks to explain why the preference for Xeer increased during the pandemic. The article begins by providing background information about Somalia’s justice systems. It goes on to explain how Xeer works. It also discusses the challenges posed by the pandemic in respect of Somalia’s formal justice system. More importantly, it explains why Xeer was preferred during the pandemic. The article finds that the realities brought about by the pandemic, such as lockdowns, cessation of movement, social distancing, curfews, and loss of livelihoods, had minimal impact on Xeer’s functioning. This is because the process is conducted at the community level mostly under a tree, by clan elders at no cost, making it possible for locals to continue accessing uninterrupted justice. The article recommends strengthening Xeer since it has demonstrated its ability to fill the gap of a weak government judicial system.

Reparation Orders at the International Criminal Court: The Quest of the Victims in the Bosco Ntaganda Case

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Reparation Orders at the International Criminal Court: The Quest of the Victims in the Bosco Ntaganda Case

Author: Douglas Kipchumba Keter

ISSN: 2958-8162
Affiliations: School of Humanities and Social Sciences, United States International University-Africa, Nairobi, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 184 – 209
https://doi.org/10.47348/AJCJ/2022/a8

Abstract

Article 75 of the Rome Statute of the International Criminal Court (Rome Statute) on reparation has been heralded as a milestone achievement in the history of international criminal justice. Four significant reparation orders have so far been given by the International Criminal Court (ICC). The first was issued on 7 August 2012 against Thomas Lubanga, where the ICC admitted its success was connected to the success of its reparation mechanism. On 8 March 2021, Trial Chamber VI awarded USD 30 million to victims of crimes committed by Bosco Ntaganda. However, to date, victims are yet to benefit. The backbone of reparation in the Ntaganda case was built on a reparation mechanism with a corrective effect on the situation in the Democratic Republic of Congo, prioritisation of the needs of vulnerable victims, and prompt reparation. Archival information reveals that reparation in the Ntaganda case is yet to achieve what it set out to achieve. Restitution and restorative theories of crime form the key theories of discussion in this research. This research sets the centre stage for further research to facilitate improvement in this critical area of the justice process at the ICC. Efficient and effective reparations at the ICC plays a critical role in addressing victims’ plight, resulting in increased confidence in court operations. There is a need for research on how the efficiency of reparation at the ICC can be enhanced, perhaps by forming a restorative justice branch.