How effective have African truth commissions been?

How effective have African truth commissions been?

Author: William Gumede

ISSN: 2521-2621
Affiliations: Associate Professor, School of Governance, University of the Witwatersrand, Johannesburg
Source: African Yearbook on International Humanitarian Law, 2020, p. 192 – 208
https://doi.org/10.47348/AYIH/2020/a7

Abstract

The study is a critical review of several African countries’ attempts to seek justice, truth and lasting peace after deadly conflict through the mechanisms of transitional justice, specifically through the establishment of truth and reconciliation commissions or equivalent structures. Outcomes for African commissions have been mixed. Some met with genuine success. Some were obviously ineffective, neither uncovering the truth, nor bringing justice to the victims or holding perpetrators accountable. The review will analyse why some African truth commissions have performed better, while others have been widely condemned as failures and missed opportunities. It will outline lessons for other African countries considering setting up truth commissions or related transitional justice mechanisms to tackle the legacies of a violent past, to bring justice, and to forge reconciliation and lasting peace.

Book Review: Marketing Global Justice – The Political Economy of International Criminal Law, by Christine Schwöbel-Patel (2021)

Book Review: Marketing Global Justice – The Political Economy of International Criminal Law, by Christine Schwöbel-Patel (2021)

Book Review: Marketing Global Justice – The Political Economy of International Criminal Law, by Christine Schwöbel-Patel (2021)

Author: Mia Swart

ISSN: 2521-2621
Affiliations: N/A
Source: African Yearbook on International Humanitarian Law, 2020, p. 209 – 213
https://doi.org/10.47348/AYIH/2020/a8

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Swart, M
Book Review: Marketing Global Justice – The Political Economy of International Criminal Law, by Christine Schwöbel-Patel (2021)
African Yearbook on International Humanitarian Law, 2020, p. 209 – 213
https://doi.org/10.47348/AYIH/2020/a8

Abstract

None

Book Review: Soviet Judgment at Nuremberg – A New History of the International Military Tribunal after World War II, by Francine Hirsch (2020)

Book Review: Soviet Judgment at Nuremberg – A New History of the International Military Tribunal after World War II, by Francine Hirsch (2020)

Author: Gerhard Kemp

ISSN: 2521-2621
Affiliations: University of Derby, United Kingdom
Source: African Yearbook on International Humanitarian Law, 2020, p. 214 – 216
https://doi.org/10.47348/AYIH/2020/a9

Abstract

None

Notes: ‘Observations’ on the State Capture judgment

Notes: ‘Observations’ on the State Capture judgment

Author: Michael Tsele

ISSN: 1996-2177
Affiliations: Member of the Cape and Johannesburg Bars
Source: South African Law Journal, Volume 138 Issue 3, p. 477-500
https://doi.org/10.47348/SALJ/v138/i3a1

Abstract

This note concerns a controversial issue that has, surprisingly, received limited academic interrogation: whether the Public Protector has the power to instruct the President of South Africa to appoint a commission of inquiry. In this respect, I critique a high court decision which answered the question in the affirmative. I contend that the judgment contradicts prior case law, including Constitutional Court precedent. Thus, I argue that the court misconstrued the law on the President’s powers, particularly when it concluded that those powers are not purely discretionary but entail ‘responsibilities’ which are ‘coupled with a duty’. This reasoning led the court to conclude that the President thus has a constitutional ‘obligation’ to appoint a commission. In summary, I take issue with the court’s conclusion that the Public Protector has the power to instruct the President to appoint a commission of inquiry. I conclude that the decision caused uncertainty on the limitations of the Public Protector’s powers. I further say it is questionable whether the commission, better known as the ‘State Capture’ commission, was established lawfully.

Notes: Children, autonomy and statements: The need for a bright-line rule

Notes: Children, autonomy and statements: The need for a bright-line rule

Author: Salona Lutchman

ISSN: 1996-2177
Affiliations: Senior Lecturer, Department of Public Law, University of Cape Town
Source: South African Law Journal, Volume 138 Issue 3, p. 500-508
https://doi.org/10.47348/SALJ/v138/i3a2

Abstract

Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.