Bridging past, present and future: The impact of Rwanda’s constitutional reform on transitional justice and genocide prevention

by | Jun 2, 2025 | AYIH, AYIH 2023

ARTICLE

Bridging past, present and future: The impact of Rwanda’s constitutional reform on transitional justice and genocide prevention

Author: Rita Ogao

ISSN: 2521-2621
Affiliations: LLB from the University of East Anglia
Source: African Yearbook on International Humanitarian Law, 2023, p. 99 – 122
https://doi.org/10.47348/AYIH/2023/a5

Abstract

Following the 1994 genocide against the Tutsi, Rwanda embarked on a transitional justice journey, with reconciliation, non-recurrence and memorialisation at the heart of the agenda. One of the key legal changes in the subsequent years was the promulgation of the Constitution of the Republic of Rwanda 2003. Given that constitutions serve as the supreme law of a nation, the specific language and substance wield the potential to shape a nation’s trajectory by prescribing the principles and values that underpin governance and everyday life. Drawing upon the symbolic weight of constitutional frameworks, this article explores how the Constitution of Rwanda 2003 embodies the imperative of ‘never again’, by denouncing the ideology that prevailed leading up to and during the 1994 genocide, signalling a new ideology conducive to reconciliation and entrenching principles of transitional justice in its provisions. This article seeks to illustrate how reconciliation, non-recurrence and institutional reform—all which are central to transitional justice mechanisms—are entrenched in the Constitution and how this plays out on both governance and societal levels. Using Rwanda as a case study, this article explores the transformative potential of constitutions as transitional justice and genocide prevention tools. Importantly, it asserts that the more explicitly a constitution signals a new ideology and addresses a nation’s past legacy of genocide or conflict, the higher the prospects of it serving as a transformative transitional justice and genocide prevention tool.

Safeguarding peace: The intergovernmental authority on development’s role in averting atrocities in the South Sudan conflict

by | Jun 2, 2025 | AYIH, AYIH 2023

ARTICLE

Safeguarding peace: The intergovernmental authority on development’s role in averting atrocities in the South Sudan conflict

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Associate Professor, University of Sharjah
Source: African Yearbook on International Humanitarian Law, 2023, p. 123 – 146
https://doi.org/10.47348/AYIH/2023/a6

Abstract

The Intergovernmental Authority on Development (IGAD), established in 1986, has a mandate to promote peace, security and development in the Horn of Africa. This article seeks to critically analyse IGAD’s role in preventing genocide during the South Sudan conflict. By examining the key interventions, challenges and outcomes of IGAD’s mediation efforts, this article will explore the effectiveness of regional diplomacy in conflict prevention. The paper will also assess the limitations of IGAD’s approach and propose recommendations for strengthening its role in future peace processes. The analysis will focus on the period from 2013, when the conflict began, to the present, with a particular emphasis on the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) signed in 2018. In doing so, this article aims to contribute to the broader discourse on conflict resolution and genocide prevention in Africa, providing insights that can inform both regional and international policymaking.

Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes by Kirsten Ainley and Mark Kersten

by | Jun 2, 2025 | AYIH, AYIH 2023

BOOK REVIEW

Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes by Kirsten Ainley and Mark Kersten

Author: Mia Swart

ISSN: 2521-2621
Affiliations: Associate Professor, University of Sharjah
Source: African Yearbook on International Humanitarian Law, 2023, p. 147 – 150
https://doi.org/10.47348/AYIH/2023/a7

Abstract

None

International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare by Marco Sassoli

by | Jun 2, 2025 | AYIH, AYIH 2023

BOOK REVIEW

International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare by Marco Sassoli

Author: André Stemmet

ISSN: 2521-2621
Affiliations: Former legal adviser, South African Department of International Relations and Cooperation, Senior Research Associate, University of Johannesburg.
Source: African Yearbook on International Humanitarian Law, 2023, p. 151 – 155
https://doi.org/10.47348/AYIH/2023/a8

Abstract

None

What’s in a sentence? MK & Zuma v The IEC

by | May 23, 2025 | SALJ, SALJ V142 I2 2025

NOTES

What’s in a sentence? MK & Zuma v The IEC

Author: Simon Thompson

ISSN: 1996-2177
Affiliations: Lecturer, Department of Private Law, University of Cape Town
Source: South African Law Journal, Volume 142 Issue 2, p. 207-223
https://doi.org/10.47348/SALJ/v142/i2a1

Abstract

The Constitutional Court’s confirmation that former President Jacob Zuma was disqualified from standing as a candidate in South Africa’s general election on 29 May 2024 created waves throughout political and legal circles. In this case note, I assess the treatment of one particular legal issue on which a unanimous Electoral Court and a unanimous Constitutional Court reached opposite conclusions, namely whether Zuma’s sentence for contempt of court fell within the ambit of the disqualification provision contained in s 47(1)(e) of the Constitution. Through the prism of the practical, inclusive method of constitutional interpretation, I criticise the Electoral Court for its handling of the issue and deem its conclusion, namely that Zuma’s sentence fell outside the provision, to be manifestly wrong. By contrast, I commend the Constitutional Court for its handling of the issue and find its conclusion, namely that Zuma’s sentence fell within the provision, to be patently correct.