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The Unconstitutionality Of The Serious Fraud Office Bill

"In almost all countries, the world over, it has been the experience of the various inhabitants that, for most of their problems, a trial and error approach with appropriate correction has been the significant hallmark that stamps them all as progre…

Conflict Trends Issue 2 2016

In ‘To Punish or to Reform? Survivor Justice in Africa’ focuses only on survivor justice as a model more suitable to African contexts, where conflicts are mostly internal and there are rarely decisive military victories between political adversaries…

When Politics darkens the Independence of South African Justice

The decision of the South African High Court on June 15, 2017, ordering to seize the Moroccan phosphate cargo destined for New Zealand and to take the case to trial, has been considered by OCP and the Moroccan Government as an indignation and a law …

Lorsque la Politique occulte l’indépendance de la Justice sud-africaine / When Politics darkens the Independence of South African Justice

The decision of the South African High Court on June 15, 2017, ordering to seize the Moroccan phosphate cargo destined for New Zealand and to take the case to trial, has been considered by OCP and the Moroccan Government as an indignation and a law …

Tunisia: The Colonial Legacy and Transitional Justice

Following the 2011 Revolution ending over five decades of dictatorship, Tunisia embarked on a comprehensive transitional justice process to investigate a broad range of state violations against its citizens, including false imprisonment, torture, …

Benchmarking the Role of African Youth in Transitional Justice Processes

The increasing role of African youth in political transformations and conflicts in the African continent is inevitably linked to the demographic reality that Africa is a continent of the Youth. This increasing role is also attributable to the capa…

The International Criminal Court and Africa: Transcending Cleavages to Achieve Common Goals

In January 2017, at its Annual Assembly of Heads of State and Government, the AU decided by consensus on a strategy for mass withdrawal from the International Criminal Court (ICC), and the continent is developing plans for its own transnational crim…

The Importance of Judicial Independence to the Administration of Justice: The Case of South Sudan

This brief discusses the significance of judicial independence to the administration of justice, particularly in the context of South Sudan. While the brief acknowledges that maladministration is inherent in any system of governance world over, it h…

Reconciliation without Regret: National Healing and Reconciliation in South Sudan

"In 2011, southern Sudan witnessed a successful and peaceful referendum, culminating in its secession from the Republic of Sudan and the birth of an independent Republic of South Sudan on 9 July. Despite the relative peace brought by independence, t…

The International Crimes Division of the High Court of Kenya : A Real Option for Justice ?

As part of the enduring search for justice for victims of post-election violence, the recommendation was welcomed in principle, to establish an International Crimes Division of the High Court of Kenya. However the Judicial Service Commission report …

Addressing the Imbalance of Power between the Arms of Government - a Search for Countervailing Authority

"In Ghana, the political terrain is patently underscored by executive dominance resulting in an acrimonious battle to capture this ultimate prize. Hence, a cry against "winner take all", a quest for "power sharing" or proportional representation to …

Challenges of Transitional Justice in Rwanda

"Two systems of retributive justice were set up by the international community and the Rwandan government to try suspects of the 1994 genocide: the Tanzania-based International Criminal Tribunal for Rwanda and the local grassroots gacaca courts in …

The Role of Informal Justice Systems in Fostering the Rule of Law in Post-Conflict Situations: The Case of Burundi

"Burundi, a tiny country in Central Africa, is slowly emerging from more than forty years of cyclical violence. The worst episodes, widely recognised as genocide, took place in 1972 with the massacre of tens of thousands of the Hutu ethnic group by …

Stateless Justice in Somalia: Formal and Informal Rule of Law Initiatives

"This report examines the traditional justice systems in Somalia, including xeer and shari'a, with a view to providing the international community with recommendations on how best to engage with those systems to assist the justice sector in that cou…

Negotiating peace in Liberia: Preserving the possibility for Justice

"A case study which provides in-depth examination on how specific justice issues came to be included and potentially excluded in the Accra peace accord, which was the foundation of the current peace process."

Negotiating peace in Sierra Leone: Confronting the justice challenge

"How specific justice issues came to be included in and potentially excluded from the 1999 Lomé Peace Accord. In addition to closely studying the negotiations dynamics and influences that led to the final agreement, this case study examines how just…

Rule of Law through imperfect bodies? The informal justice systems of Burundi and Somalia

"This paper provides an overview of the central findings emerging from the two studies, Stateless Justice in Somalia – Formal and Informal Rule of Law Initiatives and The Role of Informal Justice Systems in Reconstructing the Rule of Law in Post-Con…

Judicial systems in Sierra Leone, Tanzania and Zambia

"Some of the problems associated with the judiciary of the countries had their roots in ineffective and inappropriate police and prosecutorial practices. For example,delay in trials and case overload were often the result of police and prosecutorial…

The Theory and Practice of Criminal Justice in Africa

"Reforms of African criminal justice systems need to focus on a number of key issues: first, they need to based on a commitment to develop a justice system that seeks to deliver an efficient and equitable form of justice rather than one which mainta…

Beyond the 'War on Terror' A Study of Criminal Justice Responses to Terrorism in the Maghreb

"This study, although preliminary and exploratory in nature, considers the criminal justice measures taken by the governments of Algeria,Morocco and Tunisia to meet their international counter-terrorism obligations. These Maghreb countries have more…

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