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
An APPRAISAL analysis of the discourse of student assistants' reports at an Eastern Cape girls' boarding school
- Mpofu, Lindiwe, Adendorff, Ralph
- Authors: Mpofu, Lindiwe , Adendorff, Ralph
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/123052 , vital:35401 , https://doi.org/10.2989/16073614.2011.651943
- Description: This article reports on a pilot investigation into the language of assessment in a bi-weekly report system of an urban South African all-girls boarding school. The data are drawn principally from four student assistants working in one of the school’s hostels and are analysed using the theoretical framework of APPRAISAL. The focus is on the APPRAISAL resources that the stooges use in writing their reports, specifically their choices from the ATTITUDE and GRADUATION subsystems. Analysis indicates that Judgement and Affect instantiations, augmented by the use of Force rather than Focus, are dominant. There is also individual variation within the overarching prosody, indicating a difference between the ‘newer’ and the ‘older’ student assistants’ reports. We argue that such choices reflect and reaffirm the school’s core values and vision, the reports functioning as monitors of behaviour and as a means of aligning the learners with the school’s standards. The matron’s feedback is suggested to be an added measure of ensuring alignment with the school’s values.
- Full Text:
- Authors: Mpofu, Lindiwe , Adendorff, Ralph
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/123052 , vital:35401 , https://doi.org/10.2989/16073614.2011.651943
- Description: This article reports on a pilot investigation into the language of assessment in a bi-weekly report system of an urban South African all-girls boarding school. The data are drawn principally from four student assistants working in one of the school’s hostels and are analysed using the theoretical framework of APPRAISAL. The focus is on the APPRAISAL resources that the stooges use in writing their reports, specifically their choices from the ATTITUDE and GRADUATION subsystems. Analysis indicates that Judgement and Affect instantiations, augmented by the use of Force rather than Focus, are dominant. There is also individual variation within the overarching prosody, indicating a difference between the ‘newer’ and the ‘older’ student assistants’ reports. We argue that such choices reflect and reaffirm the school’s core values and vision, the reports functioning as monitors of behaviour and as a means of aligning the learners with the school’s standards. The matron’s feedback is suggested to be an added measure of ensuring alignment with the school’s values.
- Full Text:
Nothing but a mass of debris: urban evictions and the right of access to adequate housing in Kenya
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128425 , vital:36108 , http://www.scielo.org.za/scielo.php?script=sci_arttextamp;pid=S1996-20962012000200008amp;lng=enamp;nrm=iso
- Description: The article explores the opportunities that the new constitutional dispensation in Kenya has created for the protection against unlawful eviction of poor populations living in urban centres. It analyses the content of the right to accessible and adequate housing as provided for in article 43 of the Constitution of Kenya and articulated in various international instruments, and traces how this provision has been applied in the eviction cases that the Kenyan courts have decided. From this analysis, the article suggests that the new constitutional dispensation has opened up possibilities for rights enforcement that the courts as well as administrative organs should take advantage of. It also makes tangible suggestions on how to improve rights litigation in this regard, such as affirming the rights of access to courts and seeking further judicial oversight prior to any eviction and the promulgation of enabling legislation.
- Full Text:
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128425 , vital:36108 , http://www.scielo.org.za/scielo.php?script=sci_arttextamp;pid=S1996-20962012000200008amp;lng=enamp;nrm=iso
- Description: The article explores the opportunities that the new constitutional dispensation in Kenya has created for the protection against unlawful eviction of poor populations living in urban centres. It analyses the content of the right to accessible and adequate housing as provided for in article 43 of the Constitution of Kenya and articulated in various international instruments, and traces how this provision has been applied in the eviction cases that the Kenyan courts have decided. From this analysis, the article suggests that the new constitutional dispensation has opened up possibilities for rights enforcement that the courts as well as administrative organs should take advantage of. It also makes tangible suggestions on how to improve rights litigation in this regard, such as affirming the rights of access to courts and seeking further judicial oversight prior to any eviction and the promulgation of enabling legislation.
- Full Text:
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