Browsing by Author "Isabirye, Emmanuel"

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    A critique of the international criminal court on its decision:
    (Kampala International University, School of Law, 2019-06) Isabirye, Emmanuel
    The study examined the International criminal court on African Perspective to examine the international criminal court proceedings under part v of the Rome Statute (investigation and prosecution) and proposals for amendments. One of the main reasons for the need of an ICC was achieve justice for all. There have been many instances of crimes against humanity and war crimes for which no individuals have been held accountable. In Cambodia in the 1970s, an estimated 2 million people were killed by the Khmer Rouge. In armed conflicts in Mozambique, Liberia, El Salvador and other countries, there has been tremendous loss of civilian life, including horrifYing numbers of unarmed women and children. Massacres of civilians continue in Algeria and the Great Lakes region of Africa. In order to enable the parties to prepare for trial and to facilitate the fair and expeditious conduct of the proceedings, the Trial Chamber shall, in accordance with article 64, paragraphs 3 (c) and 6 (d), and article 67, paragraph (2), and subject to article 68, paragraph 5, make any necessary orders for the disclosure of documents or information not previously disclosed and for the production of additional evidence.
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    Examination on the law of nuisance in Uganda’s jurisprudence: public nuisance as a case study
    (Kampala International University, School of Law, 2019-07) Isabirye, Emmanuel
    The general objective of the study is to examine the law on Nuisance in Uganda jurisprudence public Nuisance as a case study It evolved into a low level criminal charge, and then, after the passage of time, into an action allowing either criminal indictment or public injunctions. Still later, private citizens were allowed, in limited circumstances, to sue for damages for the same conditions that gave rise to public actions. Public nuisance, which entails judicial enforcement, had been effectively displaced by the police power, which implies legislative and administrative action. Given accumulated ambiguities about what it means to call something a public nuisance, it was time to begin phasing this law out. The more fundamental objection is that public nuisance never was, and ought not to be, regarded as a tort. It is a public action, and as such should be subject to the control and direction of the legislature. Given the confusion sown by the Restatement, existing statutory authority condemning activity as a "public nuisance" should be interpreted non-dynamically, as ratifying understandings of that term when the law was enacted. For the future, legislatures should avoid speaking of public nuisances, and should instead spell out what is prohibited, the sanctions for violation, and which entities have authority to enforce the law. The notion of public nuisance applied in this way is unconstitutional. However, according to van der Walt, this does not mean that evictions based on a lack of compliance with planning laws or on public nuisance cannot or should not take place, but it does mean that such evictions have to be treated with great care and a healthy shot of skepticism and hesitance." The courts should in future, when dealing with an alleged public nuisance, always distinguish between a private and public nuisance to avoid using the two distinct species of nuisance interchangeably.