Master of Arts in Law

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https://testir.kiu.ac.ug/handle/20.500.12306/284

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Browsing Master of Arts in Law by Subject "Africa"

Now showing 1 - 3 of 3
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    An examination of the law on the jurisdiction of international criminal court and its applicability in Africa
    (Kampala International University, 2018) Nzabonimpa, Oscar
    The study made an examination of the law on the jurisdiction of international criminal court from African cases. The research steamed from the fact that on 12th October 2013 the African Union made a decision that no criminal charges can be brought against a sitting head of state or government. Following this decision, the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights Given this empirical record, it is important to investigate the means by which African states are countering the actions of the ICC and the rule of international criminal law. The objectives of the study were to examine the procedures at International Criminal Court and its applicability in African; to examine the principle of universal jurisdiction of International Criminal Court in Africa; and to find out the challenges and achievements of the ICC Court in enforcing international human rights law in order to achieve the objectives of the study .The researcher adopted doctrinal legal research methodology which is mainly based on primary and secondary sources and also reviewed different existing literature and legal instruments on the jurisdiction of international criminal court. In conclusion the researcher found out that the greatest source of Africa’s displeasure with the ICC is the fact that it has been Afro-focused. The principle of universal jurisdiction requires that certain crimes can be prosecuted by any state which has custody of the person responsible for such crimes every state has a right to prosecute these persons and also the size of the investigation teams should be revised to recruit professional investigators.
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    An examination of the role of international law in the promotion of peace and justice in Africa a case study of D.R. Congo
    (Kampala international University, School of Law, 2014-11) Zagabe Kamanyula, Appolinaire
    The principle focus of this research was concerned with the role of international law and maintenance of international peace and security for instance, crimes against humanity, war crimes, and crimes of genocide and crimes of aggression, are some of the atrocities international crimes that need the world’s attention. The study assesses how international law has contributed to the maintenance of international peace and security in DRC given the fact that Nations look to International law to achieve outcomes that serve both national and global interests. The Charter of the United Nations charges the Security Council with the task of determining the existence of any threat to the peace and deciding what measures shall be taken. The study found out that, there is ongoing development of processes and programs of conflict prevention and peacekeeping. Preventive diplomacy has expanded to include preventive deployment, preventive disarmament, humanitarian action, and peace-building. The Government's approach to international law mirrors a pragmatic approach to foreign and trade policy implying that International law is a means to an end; not an end in itself. The international legal system is only as strong as the will of states to uphold and enforce it Understandings of justice differ in every culture, as cultures are usually dependent upon a shared history, mythology and/or religion. Each culture's ethics create values which influence the notion of justice. Although there can be found some justice principles that are one and the same in all or most of the cultures, these are insufficient to create a unitary justice apprehension. The study concludes that, the prestige and effectiveness of international law depends in large part on its ability to resolve international problems and address international concerns. International law should be there to serve the interests of humanity. Responsible states cannot and should not shy away from today's challenges -to do so leaves far too much at risk in the current international security environment
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    Sexual exploitation and abuse in United Nations peace keeping operations in Africa and accountability of the United Nation
    (Kampala International University, 2018-05) Kamya, Arthur .B.
    This study was delved from the fact that during the past few years a series of heinous human rights violations in form of acts of sexual exploitation and abuse (SEA) have been committed in states and territories where the United Nations has deployed Peacekeeping operations. The acts were perpetrated inter alia by military members of national peacekeeping contingents whilst assigned to a UN peacekeeping unit. The above human rights violations create legal and political implications to future peacekeeping operations if not addressed. The study employed doctrinal legal research method. The major sources of data for this study included UN reports, statutes, cases, treaties and judgements. Data analysis was done by manual coding, categorization and grouping of similar themes. The study found that the UN and its peacekeeping operations are bound by the UN Charter, International Human Rights Law, and International Humanitarian Law. Furthermore, the study found that UN Human Rights abuses included; Sexual Exploitation and Abuses, cruel, inhumane and degrading treatment and punishment. It further found that the UN is accountable to the UN Charter, ECHR, ICJ, IHRL, UDHR, and IHL. The study concluded the Human Rights Legal Framework governing the UN peacekeeping operations are too weak to hold the UN accountable to any human rights violations. The study recommended that the application of both the IHRL and IHL should be carried out in a complementary and mutually reinforcing manner. Doing so would prevent gaps in protection and could facilitate a dialogue with the parties to the conflict concerning the extent of their legal obligations. The study further recommended that it is essential that senior UN management do not appear apathetic towards misconduct: not only must they combat SEA through visible action and implementation of strategies, but they must enforce the UN codes of conduct by disciplining those who are guilty of breaching them.