...Uganda: Beyond the Simplicity of Peace vs. Justice Paper by David Lanz The Fletcher School of Law and Diplomacy May 2007 The ICC in Northern Uganda David Lanz Introduction The creation of the International Criminal Court (ICC) via the entry into force of the Rome Statute on July 1st 2002 sparked enthusiasm. For M. Cherif Bassiouni, “The ICC combines humanistic values and policy considerations essential for the attainment of the goals of justice, redress and prevention as well as the need for the restoration of world order and world peace.”1 Ironically, five years after its creation, the Court has been accused of being an impediment to what it was created to promote: peace. With regards to Northern Uganda, Bassiouni remarks that the ICC indictments against five senior members of the Lord’s Resistance Army (LRA), “was received negatively by some individuals involved in the Ugandan peace process,” who “have argued that it has undercut their efforts to advance peace initiatives.”2 The claim that the ICC’s intervention in Northern Uganda obstructs peace seems obvious. It is expressed in its simplicity by Father Carlos Rodriguez: “nobody can convince a rebel leader to come to the negotiating table and at the same time tell him that when the war ends he will be brought to trial.”3 This paper examines the criticism that the ICC obstructs peace in Northern Uganda. It aims to go beyond the simplistic framework of peace vs. justice, which suggests that the pursuit of peace...
Words: 10420 - Pages: 42
...No Peace WiThouT Justice Closing the gap The role of non-judicial mechanisms in addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European...
Words: 86821 - Pages: 348
...testimony and request amnesty from prosecution. The hearings made international news and many sessions were broadcast on national television. The TRC was a crucial component of the transition to full and free democracy in South Africa and, despite some flaws, is generally regarded as very successful. Creation and Mandate The TRC was set up in terms of the Promotion of National Unity and Reconciliation Act , No 34 of 1995, and was based in Cape Town. The mandate of the commission was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, reparation and rehabilitation. The TRC has a number of high profile members: Archbishop Desmond Tutu (chairperson), Dr Alex Boraine (Deputy Chairperson), Mary Burton, Advocate Chris de Jager, Bongani Finca, Sisi Khampepe, Richard Lyster, Wynand Malan, Reverend Khoza Mgojo, Hlengiwe Mkhize, Dumisa Ntsebeza (head of the Investigative Unit), Wendy Orr, Advocate Denzil Potgieter, Mapule Ramashala, Dr Faizel Randera, Yasmin Sooka and Glenda Wildschut. Eunice Miya being comforted at the TRC hearings. (Photo: Iris Films) Committees The work of the TRC was accomplished through three committees: Human Rights Violations (HRV) Committee investigated human rights abuses that took place between 1960 and 1994. Reparation and Rehabilitation (R&R) Committee was charged with restoring victims' dignity and formulating proposals to assist with rehabilitation. Amnesty Committee (AC) considered...
Words: 8349 - Pages: 34
...Running Head: Death Penalty Larry Williams Contemporary Issues in Criminal Justice CJA/313 University Of Phoenix Robin Rabiner May 10, 2009 Death Penalty There are crimes that take place throughout society. When crimes are investigated, and investigators have evidence that prove who were involved, there are consequences for their actions. In some cases, there are crimes that involve consequences such as the death penalty. This consequence can be one of the severe punishments that are placed in our judicial system. There are many people that are for, as well as those are against the death penalty. In many cases, the death penalty has its benefits, as well as its flaws. Unfortunately the death penalty seems to cause problems that leaves many mulling over. In this case, it seems that the flaws of the death penalty needs reinstituted. History The death penalty laws were founded in the early 1800s. This punishment was implemented for 25 different crimes. However, the death penalty establishment goes back as the early Fourteenth Century. “The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which made death the only punishment for all crimes.” (Death Penalty Information Center, 2009). As the centuries progressed, the number of death penalty crimes increased. By the early 1700s, there were over 200 crimes which systematize the death...
Words: 1947 - Pages: 8
...the Writer] [Name of the Institution] Review Introduction The NSW Government greets the Noetic Group’s tactical appraisal of the New South Wales Juvenile Justice organization. The Government admits the Report’s judgment that the figure of young citizens in protection is increasing, it is essential for the demonstration of Aboriginal young community in safe keeping and those additional successful choices might be accessible to decrease recidivism surrounded by immature people. As the account notes, efficiently dropping juvenile offense is a multifaceted responsibility want a strategic move toward and synchronized action across government organizations, non-government organizations, and the society. Recommendations Reply to Report Recommendations proof- based advanced Efforts to decrease juvenile wrong should have their foundation on the obtainable embodiment. The Government powerfully sustains this approach. The Report submits to a broad variety of national as well as worldwide research on policies to decrease juvenile offending behavior and plans to sketch together the available body of confirmation on answers to the minor offense. The Government looks for out evidence on active young fairness practice from many sources counting interior research as well as reviews, other jurisdictions – national and international, academic, non-government associations and the Bureau of Crime Statistics and Research (BOCSAR). The confirmation base for all new legislation, policy and agenda...
Words: 1417 - Pages: 6
...The reason for this is that tribal courts generally do not have jurisdiction over crimes committed within the tribe’s jurisdiction by non-Indians and state courts usually do not have this jurisdiction either, ("Violence Against Women Act And Tribal Communities."165). This is because the Supreme Court ruled in 1978 in the case of Oilphant v. Suquamish that tribal courts could not have criminal jurisdiction over US citizens who were not Native American. This ruling took away the power of the tribal authorities to punish crimes that were committed by non-Indian perpetrators on tribal land. It also denied victims of sexual violence the due process and equal protection under the law (Amnesty International Staff 30). Generally the jurisdiction in these cases would be given to federal courts, however the federal court system does not always take action against those who victimize Native American women. Between 2004 and 2007, federal prosecutors declined to prosecute seventy-five percent of adult rape cases that had been transferred from Indian country (Fletcher). Even when allowed to persecute sexual and domestic violence committed against Native American women, tribal courts can impose only a one year prison sentence or a five thousand dollar fine for any crime, including rape...
Words: 2041 - Pages: 9
...Everyone seems to have an opinion on sex work, whether that opinion is rooted in personal experience, moral values, or exposure to research. Defined as “the performance of sex acts for hire; prostitution” (ProCon Organization) sex work is most often stigmatized. Though it can be vilified and illegal, sex work does exist on a global scale; the issues surrounding it, therefore, affect millions and must be carefully examined. Policy-makers, scholars, community leaders, and citizens should consider the arguments both supporting and opposing decriminalization of sex work, defined by the Global Network of Sex Work Projects as “the removal of all criminal and administrative prohibitions and penalties on sex work, including laws targeting clients and...
Words: 2085 - Pages: 9
...Business law 100 Death Penalty Death penalty The death penalty, the hardest punishment that can be implemented by the states. Person is sentenced to death, executions, a person's life in accordance to the law (often in prison) occurs when the end. Historically, criminals and political opponents of the law to be executed by almost all societies, and to punish the crime has been used to suppress political disputes. Capital punishment is applied in most locations, premeditated murder, espionage, treason, or used within the scope of military justice. The majority of Muslims in some countries, sexual crimes such as adultery and sodomy, apostasy and religious crimes such as illegal behavior involving the death penalty takes place between. In many countries, drug trafficking or the person sentenced to death for a crime shall be deemed sufficient. In China, human trafficking and serious fraud can result in death penalty cases. Around the world in the military, military courts cowardice, desertion, insubordination, and was implementing the death penalty in crimes such as rebellion. Capital punishment is a controversial issue. Those who support the death penalty, the person committed a crime in certain crimes, such as withdrawal from and murder has been given the penalty argue. Opponents of capital punishment, life imprisonment with no difference in deterrence is not an issue, human rights were violated, that lead to incorrect execution, those in the...
Words: 1137 - Pages: 5
...The introduction of the Youth Justice and Other Legislation Amendment Act in 2014 introduced changes to the legislation surrounding youth justice. These changes are designed to provide harsher punishment to youth offenders, focusing on deterrence techniques. The first change introduced by the Youth Justice and Other Legislation Amendment Act 2014 is – where part 4, division 2 of the Children’s court Act 2000 is to provide that an open court for repeat offenders is now allowed (Department of Justice and Attorney General, 2014). The court has the authority, if it is believed to be in the best interest of justice, to close the court in a repeat offender’s case. The court may also be closed if the evidence is being given of a sexual nature is being given in a Court room. (Department of Justice...
Words: 1410 - Pages: 6
...No Justification for Death Penalty Death penalty or the capital punishment is a severe punishment given by the government to a criminal for offending crimes that are categorized under the capital crimes like murder. When the criminals are convicted of capital crimes and are sentenced for death penalty, the government legally takes life of the criminal by hanging them to death, lethal injection or by electrocute. Death penalty used to be performed all over the world, but many countries have outlawed it with regards to its violation of human rights and religious causes. In United States, most of the states have the authority to give death penalty to criminals. Death penalty is a very serious issue that has caused a big controversy between its supporters and opposers. People who support death penalty argues that it is the right kind of punishment for the criminals, provides justice to the victims and the families as well help deter the crime rates. But I really don’t think death penalty has any justification because there is a maximum chance for innocent people being convicted, it is also a violation of human rights as well as a religious sin to take life of people, and the crimes have not lowered due to death penalty, rather it takes a lot of tax payer’s money to execute a criminal. I rather think that such criminals should be given life imprisonment without parole. The foremost reason for abolishing the death penalty is the wrongful conviction. There are lots of cases where...
Words: 1394 - Pages: 6
...Baraa Elhariry International Law Professor Taub Due Date: 12/16/2011 UN Security Council’s Referral and Article 16 of the Rome Statute The Darfur Conflict began in February of 2003 when the Sudanese Liberation Movement (SLM) and the Justice and Equality Movement (JEM) took up arms against the Sudanese government claiming their actions as a retaliation of years of persecution by Arab Sudanese in the north against non-Arabs in the south. They were met with resistance by the national army and the Janjaweed forces, a militia that is not officially recognized by the Sudanese government, but acts in its’ best interests nonetheless. The United Nations estimates that there have been at least 300,000 Sudanese killed between 2003 and 2005. During that period, around two million more were displaced from their homes and forced to seek refuge. The conflict is still ongoing. After the relative success of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), a draft statute was adopted to establish an international criminal tribunal that had jurisdiction over crimes of war crimes, crimes against humanity, aggression, and genocide. The result was the Rome Statute, which was drafted in 1998 and that required the approval of 60 states in order to come into force, which it did on July, 1st 2002. Sudan signed the Rome Statue in September of 2000 while Omar al-Bashir was President, but did not ratify it, thus not accepting...
Words: 4005 - Pages: 17
...Authority entitled “Philippines in Figures”, records showed that the over-all reported crimes ballooned from 217,812 in 2012 to 1,161,188 in 2014. At the first half of 2015 alone, the PNP Directorate for Investigation and Detective Management revealed that the total crimes were reported to increase by 46% from 603,085 cases in 2014 to 885,445 cases last year. Thus, the Philippines 2015 Crime and Safety Report identified the country’s crime rating as ‘high’. Such drastic increase in crime rates in the Philippines, especially the index crimes – such as murder, homicide, rape, robbery, and theft – has rung the bell among Filipinos to revive the debates on restoration of death penalty in our justice system. Some believe that capital punishment is the ultimate solution to the uncontainable rise in criminal cases in the country. Even in the electoral campaigns, reinstatement of death penalty is a hot issue. Presidential...
Words: 1299 - Pages: 6
...across the United States which leads to the logical question; is the death penalty just and applied fairly? Although in theory sentencing a criminal to death may bring closure to the victim’s families, the practice of sentencing someone to death is an unjust form of punishment with factors such as costs, deterrence, and rehabilitation failure show that putting a criminal to death is counterproductive and inhumane. Death Penalty laws have been around since Eighteenth Century B.C., but the execution in American dates back to the colonial days in 1608, when Virginia carried out the colonies first execution to Captain George Kendall (Randa, 1996). According to the Death Penalty Information Center (DPIC), in the last four hundred years, 36 states have instituted the death penalty, making execution the ultimate form of punishment (2012). In theory the death penalty appears to be a reasonable method of punishment but in reality it has major flaws that damage the integrity of the state. Not only does it have serious flaws it is absolutely inhumane in every way. The death penalty goes against our rights as human beings. We are supporting the message that killing is okay if the reason behind it is sound and that having putting a criminal to death will lower the crime rate in any given area. Human Right Activist groups such as Amnesty International say the following about the death penalty, “The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded...
Words: 2264 - Pages: 10
...Gender and Transitional Justice An Assessment of the Contribution of Transitional Justice Mechanisms in Addressing Gender-Based Violence in post-Conflict Sierra Leone Introduction Sierra Leone, a relatively small country with a population of just over 6 million people, has been the focus of considerable attention due to the recent Ebola epidemic and, prior to that, the decade-long civil war (1991-2002) (Mills, Nesbitt-Ahmed, Diggins & Mackieu, 2015, p. 4). After the war, the transition from civil war to peace witnessed a number of landmark procedural innovations with widespread implications for gender justice. The decade-long conflict had shattered the West African country, displacing more than one million people and leaving more than two hundred thousand women and girls dealing with the aftermath of sexual and gender-based violence (SGBV). Then, in 1999, the Lomé Peace Agreement traded amnesty for peace, making provision for the creation of the Truth and Reconciliation Commission of Sierra Leone to work parallel to the Special Court of Sierra Leone (otherwise called the Special Court or the SCSL) in order to prosecute those who bore “the greatest responsibility” for mass atrocities committed during the civil war. While there is a growing consensus that truth and reconciliation commissions as a transitional justice mechanism can be effective tools “in the construction of a post-conflict society that is more democratic and more respectful of human rights” (Wielbelhans-Hrahm...
Words: 6180 - Pages: 25
...Facts and figures about Amnesty International and its work for human rights This facts and figures sheet gives an overview of the work of Amnesty International and the work carried out by the organization in 1998. 1) The Beginning Amnesty International was launched in 1961 by British lawyer Peter Benenson. His newspaper appeal, "The Forgotten Prisoners", was published worldwide on 28 May 1961 and brought in more than 1,000 offers of support for the idea of an international campaign to protect human rights. Within 12 months the new organization had sent delegations to four countries to make representations on behalf of prisoners, and had taken up 210 cases. Amnesty International members had organized national bodies in seven countries. The first year's expenditure was £6,040. The principles of strict impartiality and independence were established. The emphasis was on the international protection of human rights: Amnesty International members were to act on cases worldwide and not become involved in cases in their own countries. 2) Today Amnesty International has more than 1,000,000 members, subscribers and regular donors in more than 160 countries and territories. There are more than 5,300 local, youth & student, and professional AI groups registered at the International Secretariat plus several thousand other youth & student groups, specialist groups, networks and coordinators in more than 90 countries & territories throughout the world. representatives...
Words: 3966 - Pages: 16
