Conflict and Convergence in the Application of International Humanitarian Law and Human Rights Law in Guantanamo Bay Naval Base

by | Jul 3, 2020 | ANUL, ANUL 2019 I2

Conflict and Convergence in the Application of International Humanitarian Law and Human Rights Law in Guantanamo Bay Naval Base

Author Henry K. Murigi

ISSN: 2521-2613
Affiliations: PhD Student, United States International University-Africa, Advocate of the High Court of Kenya. Senior Prosecution Counsel.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 1 – 20

Abstract

The conduct of war is not prohibited under international law. Often, serious violations of the rights of the individual occur. The consequences of war raise questions as to what the appropriate regime should be to resolve any concern that may arise as the effects of war. On the one hand, violation of human rights is evident during the conduct of war and, therefore, human rights regimes should apply to solve the problem. On the other hand, the essence of humanitarian war is to govern the conduct of war and should be the dominant regime to tackle such issues. The relationship between these two regimes is very controversial and equally topical. It goes to the heart of the war on terror after the events of 11 September 2001. One view is that everything that happens in Guantanamo Bay is a matter of humanitarian law and has nothing to do with human rights law. Another view holds that it is a purely human rights and law enforcement issue, dealing in domestic matters and nothing more. These two perspectives have grown separately and are often seen as conflictual. This article seeks to show that the two areas of law can coexist and that each should benefit from the other and not compete for supremacy.

Demystifying the Myth of Immovability Attached to Immovable Property in Terms of Property Law

by | Jul 3, 2020 | ANUL, ANUL 2019 I2

Demystifying the Myth of Immovability Attached to Immovable Property in Terms of Property Law

Author Solomon O Afolabi

ISSN: 2521-2613
Affiliations: 
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 33 – 46

Abstract

The categorisation of property as movable and immovable create, on the one hand, the impression that immovable property is generally fixed in nature and therefore not subject to mobility, and, on the other hand, that movable property can easily be moved from one position or location to another. This water-tight division in relation to the description of property has permeated the general understanding of the definition of immovable property in the context of property law. Scholarly research and judicial activism, particularly in some countries, of which Nigeria is an example, have identified that the application of the English doctrine ‘quic quid plantateur solo, solo cedit’ renders it possible, in appropriate cases, for an otherwise immovable property to change its status to that of movable under the law. In this regard, consideration is required to be given to how rights in immovable property can be transferred. It is posited that the dichotomy between movable and immovable property is no longer necessary for a proper understanding of the word ‘property’ in the legal context and should therefore be eradicated.

The Place of Culture at the International Criminal Court: The Trial of Ruto and Sang

by | Jul 3, 2020 | ANUL, ANUL 2019 I2

The Place of Culture at the International Criminal Court: The Trial of Ruto and Sang

Author Duncan Ojwang

ISSN: 2521-2613
Affiliations: BA, J.D, LLM and SJD (University of Arizona), Senior Lecturer, Africa Nazarene University.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 49 – 69

Abstract

Various authors have discussed the significance and role of culture at the International Criminal Court (ICC). This article explores the significance and role of culture in The Prosecutor v William Samoei Ruto and Joshua Arap Sang. It seeks to reconcile ongoing contradictions, identify cultural contestations, differentiate between the various cultural arguments and contextualise this Kenyan trial in a way that will enrich our understanding of the ICC. In casu, Ruto was alleged to be an indirect co-perpetrator of a crime against humanity against supporters of the Party of National Unity during a Kenyan election, while Sang was a co-perpetrator. Both were members of the Orange Democratic Party. Their alleged crimes included murder, Article 7(1)(a); forcible transfer of population, Article 7(1)(d); and persecution, Article 7(1)(h). In the trial, the prosecution aimed to show how socially untenable structures such as tribalism are used to consolidate politics and might be used to perpetrate violence. This trial demonstrated the tension between culture and international criminal law as it played out in the ICC.

Balancing Aviation Demand with a Sustainable Environment: An Analysis of the Global Environmental-Health Impact of Aviation Emissions and the Applicable Regulatory International Law

by | Jul 3, 2020 | ANUL, ANUL 2019 I2

Balancing Aviation Demand with a Sustainable Environment: An Analysis of the Global Environmental-Health Impact of Aviation Emissions and the Applicable Regulatory International Law

Authors Murtala Ganiyu A Murgan and Abdul Ghafur Hamid

ISSN: 2521-2613
Affiliations: BA (Hons) MPA(ABU), LLB (Hons) BL LLM(Unilor), PhD(Malaysia).Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, Nigeria. (Corresponding author); Professor of International Law, Ahmad Ibrahim Kulliyyah of Law, International Islamic University, Malaysia.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 70 – 112

Abstract

An increase in the volume of air transportation worldwide is responsible for the increase in the global discharge of aviation emissions into the environment. The impact of aircraft emissions on human health and the global environment includes: circulation of low quality air; respiratory diseases; high mortality rates; pollution of the atmosphere and stratosphere; global warming and climate change. To mitigate the above problem, the United Nations embarked on efforts to bring about the global reduction in aviation emissions through the instrumentality of law. This article analyses the impact of aviation emissions on human health and the global environment. It also analyses the international laws for regulating aviation emissions with a view to ensuring that the increase in the level of aviation emissions is effectively regulated and does not hamper the growth of aviation transportation. It is found that the implementation of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol to the UNFCCC, as well as the ICAO Standards and Recommended Practices (SARPs) Annex 16 Vol II, Chicago Convention 1944 need to be improved upon in order to manage the impact of aviation emissions. The effective implementation of the ICAO SARPs is recommended as a way to ensure a sufficient reduction in aviation emissions and protection of a sustainable environment.