The principle of complementarity and hybrid courts: the case of the Special Criminal Court for the Central African Republic
- Juma, Laurence, Chigowe, Lloyd
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
Waiting for happiness in Africa
- Moller, Valerie, Roberts, Benjamin J, Tiliouine, Habib, Loschky, Jay
- Authors: Moller, Valerie , Roberts, Benjamin J , Tiliouine, Habib , Loschky, Jay
- Date: 2017
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/67225 , vital:29061 , https://s3.amazonaws.com/sdsn-whr2017/HR17-Ch4_lr.pdf
- Description: publisher version , From Introduction: Are the people in Africa really among the least happy in the world? And if African countries do have a ‘happiness deficit’, what are the prospects of Africa achieving happiness in the near future? These are questions we shall try to address in this chapter. The World Happiness Report (WHR), published since 2012, has found that happiness is less evident in Africa than in other regions of the world. It reports Gallup World Poll (GWP) ratings of happiness, measured on the ‘ladder of life’, a scale of 0 to 10, with 10 indicating greatest happiness. On the map of the Geography of Happiness, published in an earlier World Happiness Report Update 2015, the happiest countries in the world are shaded green, the unhappiest red. Africa stands out as the unhappiest continent, being coloured almost entirely in shades of glaring red (See Fig. 4.1). In 2017, the WHR reports that average ladder scores for over four in five African countries are below the mid-point of the scale (see Fig. 4.2). And only two African countries have made significant gains in happiness over the past decade . There are also considerable inequalities in life evaluations in African countries, and this inequality in happiness has increased over the past years . In this chapter, we shall tentatively seek a number of explanations for the unhappiness on the African continent, which is home to about 16% of the world’s population. It will be no easy task to identify factors that may have shaped perceptions of well-being among the 1.2 billion African people who live in 54 nation states with different historical, cultural, and socio-economic backgrounds. Nonetheless, we shall attempt to describe some of the positive and negative experiences in the lives of people in African countries that likely impact on personal well-being. We shall also try to identify the prospects for change and development that could spell hope for increasing the happiness of African people in future.
- Full Text: false
- Authors: Moller, Valerie , Roberts, Benjamin J , Tiliouine, Habib , Loschky, Jay
- Date: 2017
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/67225 , vital:29061 , https://s3.amazonaws.com/sdsn-whr2017/HR17-Ch4_lr.pdf
- Description: publisher version , From Introduction: Are the people in Africa really among the least happy in the world? And if African countries do have a ‘happiness deficit’, what are the prospects of Africa achieving happiness in the near future? These are questions we shall try to address in this chapter. The World Happiness Report (WHR), published since 2012, has found that happiness is less evident in Africa than in other regions of the world. It reports Gallup World Poll (GWP) ratings of happiness, measured on the ‘ladder of life’, a scale of 0 to 10, with 10 indicating greatest happiness. On the map of the Geography of Happiness, published in an earlier World Happiness Report Update 2015, the happiest countries in the world are shaded green, the unhappiest red. Africa stands out as the unhappiest continent, being coloured almost entirely in shades of glaring red (See Fig. 4.1). In 2017, the WHR reports that average ladder scores for over four in five African countries are below the mid-point of the scale (see Fig. 4.2). And only two African countries have made significant gains in happiness over the past decade . There are also considerable inequalities in life evaluations in African countries, and this inequality in happiness has increased over the past years . In this chapter, we shall tentatively seek a number of explanations for the unhappiness on the African continent, which is home to about 16% of the world’s population. It will be no easy task to identify factors that may have shaped perceptions of well-being among the 1.2 billion African people who live in 54 nation states with different historical, cultural, and socio-economic backgrounds. Nonetheless, we shall attempt to describe some of the positive and negative experiences in the lives of people in African countries that likely impact on personal well-being. We shall also try to identify the prospects for change and development that could spell hope for increasing the happiness of African people in future.
- Full Text: false
Advance rulings
- Arendse, Jacqueline A, Clegg, David, Williams, Robert C
- Authors: Arendse, Jacqueline A , Clegg, David , Williams, Robert C
- Date: 2016
- Subjects: To be catalogued
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/131195 , vital:36535 , https://store.lexisnexis.co.za/products/silke-on-tax-administration-skuZASKUPG1440
- Description: Chapter 7 of the Tax Administration Act, namely ss 75–90, deals with the formal system and process of the advance tax ruling system. It therefore follows that SARS may now issue advance rulings in respect of all tax types and tax Acts administered by the Commissioner. Procedures and guidelines, in the form of ‘binding general rulings’, for implementation and operation of the ‘advance ruling’ system may be issued by the Commissioner to give effect to the advance tax ruling system.
- Full Text: false
- Authors: Arendse, Jacqueline A , Clegg, David , Williams, Robert C
- Date: 2016
- Subjects: To be catalogued
- Language: English
- Type: text , book chapter
- Identifier: http://hdl.handle.net/10962/131195 , vital:36535 , https://store.lexisnexis.co.za/products/silke-on-tax-administration-skuZASKUPG1440
- Description: Chapter 7 of the Tax Administration Act, namely ss 75–90, deals with the formal system and process of the advance tax ruling system. It therefore follows that SARS may now issue advance rulings in respect of all tax types and tax Acts administered by the Commissioner. Procedures and guidelines, in the form of ‘binding general rulings’, for implementation and operation of the ‘advance ruling’ system may be issued by the Commissioner to give effect to the advance tax ruling system.
- Full Text: false
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