The Justice Dilemma In Uganda
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The Justice Dilemma In Uganda
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Author : Scott Worden
language : en
Publisher:
Release Date : 2008
The Justice Dilemma In Uganda written by Scott Worden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Justice, Administration of categories.
Complementarity In Crisis
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Author : Alexander K. A. Greenawalt
language : en
Publisher:
Release Date : 2014
Complementarity In Crisis written by Alexander K. A. Greenawalt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In 2005, the International Criminal Court (ICC) issued warrants for the arrest of Joseph Kony, the leader of Uganda's murderous Lord's Resistance Army (LRA), as well as four other high-level LRA suspects. The warrants proved controversial when the fate of promising peace negotiations appeared to hinge on the ICC's willingness to defer to Ugandan efforts to address LRA atrocities through alternative proceedings emphasizing truth-telling, forgiveness, and reconciliation instead of prison time. The episode presents a familiar dilemma of transitional justice that simultaneously exposes deep uncertainties in the ICC's mandate. The Rome Statute's imbalance is especially problematic because it undermines the rationale that has most powerfully justified the establishment of the ICC in the first instance: the argument that prosecution of international crimes is a fundamentally legal matter that must be entrusted to legal professionals and shielded from undue political interference. This Article takes up this problem through a focused analysis of the ICC's response to the Ugandan peace process. Its three principal claims are as follows. First, the ICC's Statute does not, in fact, provide meaningful guidance to the Court as it navigates the particular dilemmas of transitional justice in Uganda. Second, the development of ex ante guidelines to cabin prosecutorial discretion - a potential source of legitimation that others scholars have found attractive - is unlikely to adequately remedy the underlying legitimacy deficit and has failed to do so thus far. Third, and finally, legitimation of prosecutorial policy in Uganda may ironically rest in the hands of another actor - the UN Security Council - whose power the treaty creating the ICC sought to diminish.
The International Criminal Court And The Lord S Resistance Army
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Author : Joseph Otieno Wasonga
language : en
Publisher: Routledge
Release Date : 2019-06-12
The International Criminal Court And The Lord S Resistance Army written by Joseph Otieno Wasonga and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-12 with Political Science categories.
This book interrogates the sharp contrast that emerged between demands of the norms of international rule of law and the interests of conflict resolution at a local level in northern Uganda. Examining how the nature and character of complex conflict situations like that of northern Uganda confounds the application of transitional justice mechanisms, The International Criminal Court and the Lord’s Resistance Army reveals the enduring dilemmas of transitional justice. Scrutinising the competing interests of punitive approaches to contemporary transitional justice and the political considerations for peace that may entail entering into dialogue with criminals, this book approaches such concepts from the perspective of international standards and the standpoint of the victims. While exploring the complexities of transitional justice processes, the book interrogates prevailing assumptions, proposing a broader conception that places at the centre local structural conditions associated with a conflict. The International Criminal Court and the Lord’s Resistance Army will be of interest to scholars and students of international law, African politics and conflict studies.
Justice For Serious Crimes Before National Courts
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Author : Elise Keppler
language : en
Publisher:
Release Date : 2012-01-01
Justice For Serious Crimes Before National Courts written by Elise Keppler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Complementarity (International law) categories.
Methodology -- The International Crimes Division -- Background -- Legal framework -- ICD structure -- Defense representation -- ICD funding -- The start of the ICD -- ICD cases to date -- The case against Thomas Kwoyelo -- Lessons learned -- Inadequate and problematic legal framework -- Importance of pursuing crimes by both sides -- Right to an adequate defense -- Structural issues -- Timely public information and outreach -- Support issues -- Recommendations -- Specific recommendations regarding the ICD -- More general recommendations for governments, intergovernmental and international institutions, and donors pursuing domestic trials for serious crimes outside Uganda.
Justice In Transition
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Author : Anna Macdonald
language : en
Publisher:
Release Date : 2015
Justice In Transition written by Anna Macdonald and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This thesis explores the construction, implementation and experience of transitional justice at both the state-level in Uganda, and within the Acholi sub-region, the epicenter of the twenty-year war between the Government of Uganda and the Lord's Resistance Army. It takes 2006 as its starting point, when peace talks began between both sides in Juba, southern Sudan. Conducted against the background of the ICC's first ever arrest warrants for leading members of the LRA, these talks provided the empirical context for the major theoretical debates that dominated the nascent field of transitional justice. These included normative disagreements about the relationship between peace and justice and the relative merits of international versus indigenous approaches to justice. At Juba, an Agreement on Accountability and Reconciliation was signed and purported to address and resolve these dilemmas. To date however, we know remarkably little about the political and socio-legal dynamics and trajectory of transitional justice in Uganda since Juba. This thesis aims to bridge that gap, providing an in-depth, empirical study based on extensive fieldwork involving 106 semi-structured interviews, 25 focus group discussions and participant observation.
Trial Justice
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Author : Tim Allen
language : en
Publisher:
Release Date : 2006
Trial Justice written by Tim Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Uganda categories.
The International Criminal Court has run into serious problems with its first big case - the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Joseph Kony's Lord's Resistance Army have abducted thousands, many of them children, and have systematically tortured, raped, maimed and killed their victims. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Catholic and Anglican Churches, and non-governmental organizations. Even the Ugandan government, which invited the ICC to become involved in 2003, has been expressing serious reservations. For many, the Court is spoiling the peace process and is making continued warfare and suffering more likely. This book argues that much of the antipathy to the ICC is based upon ignorance and misconception. Drawing on field research in Uganda, it shows that victims are much more interested in punitive international justice than has been suggested, and that the ICC has made resolution of the war more likely.
The Role And Limtations Of Transitional Justice In Addressing The Dilemma Of Child Soldier Accountability
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Author : Mark Andrew Hetzel
language : en
Publisher:
Release Date : 2010
The Role And Limtations Of Transitional Justice In Addressing The Dilemma Of Child Soldier Accountability written by Mark Andrew Hetzel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Justice In Conflict
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Author : Mark Kersten
language : en
Publisher: Oxford University Press
Release Date : 2016-08-04
Justice In Conflict written by Mark Kersten and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-04 with Law categories.
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Transitional Justice And Peacebuilding On The Ground
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Author : Chandra Lekha Sriram
language : en
Publisher: Routledge
Release Date : 2013
Transitional Justice And Peacebuilding On The Ground written by Chandra Lekha Sriram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding. This book will be of great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.
Behind The Violence
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Author : Zachary Lomo
language : en
Publisher:
Release Date : 2004
Behind The Violence written by Zachary Lomo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.