Counting apples as oranges: Problems under international humanitarian law with designating the Allied Democratic Forces and Ansar al-Sunna foreign terrorist organisations

by | Nov 19, 2022 | AYIH, AYIH 2021

Counting apples as oranges: Problems under international humanitarian law with designating the Allied Democratic Forces and Ansar al-Sunna foreign terrorist organisations

Author: Rebecca Rattner

ISSN: 2521-2621
Affiliations: BA (Brown) MSc (LSE) JD (Harvard); Research Associate at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law, a Centre of the University of Johannesburg
Source: African Yearbook on International Humanitarian Law, 2021, p. 174 – 190
https://doi.org/10.47348/AYIH/2021/a7

Abstract

Under President Biden, the US has shifted its approach to ISIS to address fears about the group’s expansion globally. The spread of ISIS in Africa has become an area of notable concern as an increasing number of armed groups across the continent have announced affiliations with ISIS. In response to this perceived threat, the Biden Administration announced the designation of two armed groups with ties to ISIS operating in the Democratic Republic of Congo (DRC) and Mozambique as foreign terrorist organisations (FTOs) in March 2021. There are, however, reasons to question the applicability of the designations in these two cases and consider the broader context and consequences. This article argues that the designations have been inappropriately assigned to these two groups in the DRC and Mozambique based on inaccurate factual assessments and explores the implications of this problematic approach under international humanitarian law.

Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

by | Nov 19, 2022 | AYIH, AYIH 2021

Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Senior Lecturer in Human Rights Law, Edge Hill University; Visiting Professor, School of Law, University of the Witwatersrand
Source: African Yearbook on International Humanitarian Law, 2021, p. 191 – 195
https://doi.org/10.47348/AYIH/2021/a8

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Abstract

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Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?

by | Sep 14, 2021 | AYIH, AYIH 2020

Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?

Author: Dire Tladi

ISSN: 2521-2621
Affiliations: Professor of International Law, University of Pretoria; Member of the UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).
Source: African Yearbook on International Humanitarian Law, 2020, p. 1 – 14
https://doi.org/10.47348/AYIH/2020/a1

Abstract

In 2019 the International Law Commission adopted two texts providing for the peremptory character of the prohibition of crimes against humanity, namely the draft articles on the prevention and punishment of crimes against humanity and the draft conclusions on peremptory norms of general international law. While both of these instruments recognise the peremptory character of the prohibition of crimes against humanity, neither of them address the consequences of the peremptory character of the prohibition of crimes against humanity. This article, on the basis, inter alia, of the internal processes leading to the adoption of these instruments, addresses the consequences of the peremptory character of the prohibition of crimes against humanity.

Rights enforcement in the African Human Rights Court: Restrictiveness, progressivity and resistance

by | Sep 14, 2021 | AYIH, AYIH 2020

Rights enforcement in the African Human Rights Court: Restrictiveness, progressivity and resistance

Author: Lilian Chenwi

ISSN: 2521-2621
Affiliations: LLB, LLM, LLD, dip IPHU. Professor, School of Law, University of the Witwatersrand
Source: African Yearbook on International Humanitarian Law, 2020, p. 15 – 43
https://doi.org/10.47348/AYIH/2020/a2

Abstract

Africa is characterised by, inter alia, oppressive political systems, a culture of impunity of those who govern, and the use of state sovereignty mantra in the face of gross and systematic rights violations. Yet, African states have, through the establishment of the African Human Rights Court, created an avenue for judicial scrutiny of their laws and executive action that affect human rights. While the Court holds great promise in relation to fighting impunity and the provision of effective remedies for rights violations, ensuring respect for human rights, and fostering Africa’s quest for good governance, development and regional integration, it operates amidst state resistance and other complexities, which threaten its effectiveness and existence. This article considers whether, against this background, the Court has shown restrictiveness or progressivity in its enforcement of rights.

Addressing a selection of challenges faced at international courts and tribunals with jurisdiction over international crimes

by | Sep 14, 2021 | AYIH, AYIH 2020

Addressing a selection of challenges faced at international courts and tribunals with jurisdiction over international crimes

Author: Mispa Roux

ISSN: 2521-2621
Affiliations: LLB LLM (International Law) LLD (International Law) (UJ); Senior Lecturer in the Department of Public Law, Faculty of Law, University of Johannesburg; Deputy Director of the South African Institute for Advanced Constitutional, Public, Human Rights, and International Law (SAIFAC), a Centre of the University of Johannesburg.
Source: African Yearbook on International Humanitarian Law, 2020, p. 44 – 77
https://doi.org/10.47348/AYIH/2020/a3

Abstract

One of the core characteristics of international crimes is that they are committed on a great scale; therefore, the sheer volume and complexity of evidence required to justify investigation and ultimately prosecution inevitably leads to several challenges. Since the first time that persons were held individually criminally responsible at an international level at Nuremberg and in the Far East, to the way in which the permanent International Criminal Court fulfils its mandate, investigating and prosecuting international crimes have involved manifold challenges. This article identifies three challenges faced by international criminal courts and tribunals in investigating and prosecuting international crimes. The first challenge is the investigation phase of international criminal proceedings, specifically the difficulty of selecting cases and identifying persons with the greatest responsibility for the crimes. The second challenge flows from the first, specifically in light of the magnitude of evidence indicating the required gravity to pursue further investigation and eventually prosecution. This raises the difficult question whether investigators, prosecutors, and judges are able to consistently comply with their duty to respect and protect the various fair trial rights to which suspected and accused persons are entitled. The third and final challenge that will be engaged with in this article relates to the formidable impact of international and political relations at all stages of investigation and prosecution of international crimes, which may ultimately thwart compliance with the obligation to prosecute international crimes.

Reflections on humanitarian law dimensions of the African Union Convention for the protection and assistance of internally displaced persons in Africa

by | Sep 14, 2021 | AYIH, AYIH 2020

Reflections on humanitarian law dimensions of the African Union Convention for the protection and assistance of internally displaced persons in Africa

Author: Steve Tiwa Fomekong

ISSN: 2521-2621
Affiliations: Postdoctoral research fellow at the Centre d’études et de recherches de l’Université de Montréal in Canada; PhD in Law from Université Laval
Source: African Yearbook on International Humanitarian Law, 2020, p. 78 – 120
https://doi.org/10.47348/AYIH/2020/a4

Abstract

While significant attention has thus far been paid to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), the rules of humanitarian law that it sets out have not yet been the subject of a specific in-depth analysis. This contribution aims to fill this gap in the literature. It specifically examines the humanitarian law rules contained in the Kampala Convention to determine their meaning and scope, as well as their contribution to strengthening international humanitarian law (IHL). It begins by analysing the articulation of these regional humanitarian rules with the universal rules of IHL that preceded them to determine whether there is any divergence between them. Next, the paper attempts to determine the extent to which the humanitarian law provisions of the Kampala Convention enrich the legal protections provided by IHL for the improvement of the plight of internally displaced persons from armed conflict. Finally, with an approach centred around making suggestions for law reform, the paper demonstrates why and how these rules should inspire the future development of conventional and customary norms that would assist with the challenges of conflict-induced displacement.