Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Author: Stephen Peté

ISSN: 2411-7870
Affiliations: BA LLB (University of Natal) LLM (University of Cape Town) M Phil (University of Cambridge) PhD (University of KwaZulu-Natal). Associate Professor, School of Law, University of KwaZulu-Natal.
Source: Fundamina, Volume 27 Issue 1, p. 67-100
https://doi.org/10.47348/FUND/v27/i1a3

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Peté, S
Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2
Fundamina, Volume 27 Issue 1, p. 67-100
https://doi.org/10.47348/FUND/v27/i1a3

Abstract

The political economy of colonial Natal was based on a coercive and hierarchical racial order. Over decades, the white colonists struggled to assert their power over the indigenous inhabitants of the colony, and to force them off their land and into wage labour in service of the white colonial economy. This process resulted in ongoing resistance on the part of the indigenous population, which ultimately manifested as a series of rebellions and revolts throughout the colonial period, and which were met with force by the white colonists. White colonial ideology was shaped by the violent and adversarial nature of the social, political and economic relations between white and black in the colony. It was also influenced by the broader global context, within which colonisation was justified by racist variants of the theory of Social Darwinism. Driven by a strange mix of deep insecurity and fear on the one hand and racist paternalism on the other, the white settlers of colonial Natal developed a variant of white supremacist ideology with a special flavour. Nowhere was this more apparent than in their near obsession with flogging as the most appropriate manner of dealing with, in particular, African offenders. By closely examining a series of public debates that took place in the colony of Natal between 1876 and 1906, this contribution seeks to excavate the various nuanced strands of thinking that made up the ideology of white supremacy in the colony at the time.

The Contribution of Papyrus Ashmolean Museum 1945.97 (“Naunakht’s Will & Related Documents”) to Our Understanding of The Ancient Egyptian Testamentary Disposition and Succession Law

The Contribution of Papyrus Ashmolean Museum 1945.97 (“Naunakht’s Will & Related Documents”) to Our Understanding of The Ancient Egyptian Testamentary Disposition and Succession Law

Author Nicolaas J van Blerk

ISSN: 2411-7870
Affiliations: LLB MA D Litt et Phil (Ancient Near Eastern Studies)
Source: Fundamina, Volume 27 Issue 1, p. 101-142
https://doi.org/10.47348/FUND/v27/i1a4

Abstract

The New Kingdom Papyrus Ashmolean Museum 1945.97 (better known as “Naunakht’s will and related documents”) can assist us in gaining a better understanding of ancient Egyptian testamentary dispositions and its succession law. A problem that must be borne in mind when studying any ancient text, is that one should never impose modern legal concepts on these ancient texts. Nonetheless, these ancient texts may contain building blocks of later legal concepts. In particular, Naunakht’s will may provide valuable information on concepts and elements pertaining to succession law in general. In addition, it may provide further valuable information on testamentary dispositions in particular and may indicate that the building blocks of succession law are much older than Roman law.

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

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

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

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.