The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

Authors: Kenneth Wyne Mutuma and Benson Waweru Thuo

ISSN: 2958-8162
Affiliations: University of Nairobi, School of Law; Advocate of the High Court of Kenya
Source: Africa Journal of Crime and Justice 2022, p. 126 – 166
https://doi.org/10.47348/AJCJ/2022/a6

Abstract

Decades of power struggles among political rivals have resulted in Somalia being regarded as a ‘failed state’. The absence of a central government has allowed Al-Shabaab to take control of parts of Somalia and commit war crimes as well as crimes against humanity. Despite compelling prima facie evidence of these
crimes, Al-Shabaab has not been held sufficiently accountable, leaving many victims without redress. This is due to the shortcomings of existing national and international accountability mechanisms. Somalia’s judicial branch faces significant capacity challenges that prevent it from adequately investigating and prosecuting war crimes. Countermeasures by religious fundamentalists and excessive reliance on informal dispute-resolution methods further frustrate the justice system’s efforts. Peacekeeping missions by international bodies such as the United Nations Security Council (UNSC) have also been ineffective. In addition, there are growing fears that the group’s reach will grow due to an increase in the revenue that it is able to generate. This article examines the shortcomings of the aforementioned accountability framework and offers solutions to address the gaps to ensure justice for the victims of Al-Shabaab.

Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

Author: Doreen Muyonga

ISSN: 2958-8162
Affiliations: United States International University-Africa, Nairobi, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 167 – 183
https://doi.org/10.47348/AJCJ/2022/a7

Abstract

The coronavirus pandemic has tested the resilience of justice systems across the world. The enforcement of public health measures such as lockdowns, curfews, social distancing, and stay-at-home orders posed serious challenges to access to justice in most jurisdictions. However, in Somalia, the resilience of its traditional justice system, Xeer, saw it continue to render relatively quick justice that was otherwise lacking following the closure of the government’s justice system. This article seeks to explain why the preference for Xeer increased during the pandemic. The article begins by providing background information about Somalia’s justice systems. It goes on to explain how Xeer works. It also discusses the challenges posed by the pandemic in respect of Somalia’s formal justice system. More importantly, it explains why Xeer was preferred during the pandemic. The article finds that the realities brought about by the pandemic, such as lockdowns, cessation of movement, social distancing, curfews, and loss of livelihoods, had minimal impact on Xeer’s functioning. This is because the process is conducted at the community level mostly under a tree, by clan elders at no cost, making it possible for locals to continue accessing uninterrupted justice. The article recommends strengthening Xeer since it has demonstrated its ability to fill the gap of a weak government judicial system.

Reparation Orders at the International Criminal Court: The Quest of the Victims in the Bosco Ntaganda Case

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Reparation Orders at the International Criminal Court: The Quest of the Victims in the Bosco Ntaganda Case

Author: Douglas Kipchumba Keter

ISSN: 2958-8162
Affiliations: School of Humanities and Social Sciences, United States International University-Africa, Nairobi, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 184 – 209
https://doi.org/10.47348/AJCJ/2022/a8

Abstract

Article 75 of the Rome Statute of the International Criminal Court (Rome Statute) on reparation has been heralded as a milestone achievement in the history of international criminal justice. Four significant reparation orders have so far been given by the International Criminal Court (ICC). The first was issued on 7 August 2012 against Thomas Lubanga, where the ICC admitted its success was connected to the success of its reparation mechanism. On 8 March 2021, Trial Chamber VI awarded USD 30 million to victims of crimes committed by Bosco Ntaganda. However, to date, victims are yet to benefit. The backbone of reparation in the Ntaganda case was built on a reparation mechanism with a corrective effect on the situation in the Democratic Republic of Congo, prioritisation of the needs of vulnerable victims, and prompt reparation. Archival information reveals that reparation in the Ntaganda case is yet to achieve what it set out to achieve. Restitution and restorative theories of crime form the key theories of discussion in this research. This research sets the centre stage for further research to facilitate improvement in this critical area of the justice process at the ICC. Efficient and effective reparations at the ICC plays a critical role in addressing victims’ plight, resulting in increased confidence in court operations. There is a need for research on how the efficiency of reparation at the ICC can be enhanced, perhaps by forming a restorative justice branch.

Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19

by | Mar 12, 2023 | JCLA, JCLA V9 I2 2022

Tax policy gap in southern African countries: Reflections on indirect tax coordination and tax diversity in SADC post Covid-19

Author: Puseletso Letete

ISSN: 2521-2605
Affiliations: BA Law, LLB (NUL), LLM (UCT), PhD (Edinburgh). Professor, School of Law, University of South Africa until 31 August 2022
Source: Journal of Comparative Law in Africa, Volume 9 Issue 2, p. 1 – 32
https://doi.org/10.47348/JCLA/v9/i2a1

Abstract

The Southern African Development Community (SADC) tax policy on indirect tax coordination has mainly been guided by an approach toward the harmonisation of tax bases, the convergence of tax rates and the movement of taxes toward tax uniformity. This approach is one envisaged by the member states and reflected in Annex 3 of the Protocol on Finance and Investment. However, in recent studies, writers in this area opine that countries within a regional integration economic area (REC) should instead adopt an approach characterised by tax diversity of the indirect tax systems, as well as mutual coordination and cooperation to contribute towards economic integration. Recent literature proposes that tax coordination of indirect taxes must consider other options that move away from the uniformity of taxes, rates, and tax base. This paper considers this approach of placing tax diversity at the centre of the SADC tax policy of coordination of indirect taxes, particularly VAT and excise taxes. The paper reflects on the previous approaches that have characterised the implementation of the existing legal framework in tax coordination in the SADC and critically examines the implementation of the VAT and excise taxes guidelines and their significance in achieving tax coordination of indirect taxes. The article emphasises the importance of the SADC realising its goal of coordinating indirect taxes, particularly post Covid-19, due to the imminent need to raise more revenue from cross-border trade in the SADC member states to contribute toward the economic growth of member states.