Uganda’s decision ‘In the Matter of an Arrest Warrant and the Surrender to the International Criminal Court (ICC) of Omar Hassan Ahmed al-Bashir’: Explanation, issues and consequences

by | Nov 19, 2022 | AYIH, AYIH 2021

Uganda’s decision ‘In the Matter of an Arrest Warrant and the Surrender to the International Criminal Court (ICC) of Omar Hassan Ahmed al-Bashir’: Explanation, issues and consequences

Author: Kasaija Phillip Apuuli

ISSN: 2521-2621
Affiliations: LLM, DPhil (University of Sussex); Associate Professor, Department of Political Science and Public Administration, Makerere University, Kampala, Uganda
Source: African Yearbook on International Humanitarian Law, 2021, p. 150 – 173
https://doi.org/10.47348/AYIH/2021/a6

Abstract

On 19 December 2019, High Court Justice Peter Adonyo issued a warrant of arrest for former Sudan President Omar al-Bashir should he ever set foot in Uganda or in a territory controlled by Uganda. He also held that by failing to arrest and surrender al-Bashir on two occasions in 2016 and 2017, in fulfilment of the warrants of arrest issued by the International Criminal Court (ICC) in 2009 and 2010, Uganda had breached its own International Criminal Court Act (2010), the Rome Statute (1998) and United Nations Security Council Resolution 1593 (2005). This contribution discusses the judgment by considering the context of Uganda’s failure to meet its legal obligations with regard to the ICC’s arrest warrants against al-Bashir. It then discusses the future of Uganda’s arrest warrant against al-Bashir, and the court’s clarification of the superiority of United Nations (UN) decisions over those of the African Union (AU).

South African Governance Legal Framework for Corporate disclosures and reporting: Part 1 – Voluntary sustainability reporting

by | Nov 19, 2022 | SAMLJ, SAMLJ V34 I2

South African Governance Legal Framework for Corporate disclosures and reporting: Part 1 – Voluntary sustainability reporting

Author: Werner Schoeman

ISSN: 1996-2185
Affiliations: Lecturer: Mercantile and Labour Law Department, School of Law, University of Limpopo
Source: South African Mercantile Law Journal, Volume 34 Issue 2, 2021, p. 268 – 292
https://doi.org/10.47348/SAMLJ/v34/i2a5

Abstract

The general dissatisfaction of shareholders and other users of financial statements with both voluntary sustainability and mandatory financial disclosure and reporting, prompt an appeal for increased government-commanded reporting requirements. State-based standardsetting and voluntary sustainability reporting within the corporate jurisprudence must therefore evolve, which includes, among others, the variety of legal and regulatory standards, their dynamism, and the manner in which standards can be imposed. Directors and auditors must act ethically to observe their various functions as regulated by the Companies Act 71 of 2008 and the Auditing Profession Act 26 of 2005. National and international companies persistently undermine good governance. Directors’ and auditors’ failure to comply with ethics can certainly not continue with impunity. The global trend in the use of voluntary sustainability reporting highlights the prominence that auditors play in good corporate governance, although compliance with voluntary sustainability reporting does not warrant good corporate governance. Independence of auditors remains contentious in the light of the funding model of the regulator, working of audit committees, the connection between directors and companies, and the corporate governance expectation gap.

Case Notes: The income tax position of a creditor on the insolvency and/or business rescue of a debtor

by | Nov 19, 2022 | SAMLJ, SAMLJ V34 I2

Case Notes: The income tax position of a creditor on the insolvency and/or business rescue of a debtor

Authors: Thabo Legwaila & Carika Fritz

ISSN: 1996-2185
Affiliations: Professor of Law, University of Johannesburg; Associate Professor of Law, University of the Witwatersrand
Source: South African Mercantile Law Journal, Volume 34 Issue 2, 2021, p. 293 – 303
https://doi.org/10.47348/SAMLJ/v34/i2a6

Abstract

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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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Swart, M
Book Review: To Catch a Dictator: The Pursuit and Trial of Hissène Habré by Reed Brody (2022) Columbia University Press, 296 pp
African Yearbook on International Humanitarian Law, 2021, p. 191 – 195
https://doi.org/10.47348/AYIH/2021/a8

Abstract

None