ISSN: 2519-7886
Affiliations:
Source: The Corporate Report, Volume 9 Issue 2, 2019, p. 43 – 49
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ISSN: 2521-2613
Affiliations: PhD Student, United States International University-Africa, Advocate of the High Court of Kenya. Senior Prosecution Counsel.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 1 – 20
The conduct of war is not prohibited under international law. Often, serious violations of the rights of the individual occur. The consequences of war raise questions as to what the appropriate regime should be to resolve any concern that may arise as the effects of war. On the one hand, violation of human rights is evident during the conduct of war and, therefore, human rights regimes should apply to solve the problem. On the other hand, the essence of humanitarian war is to govern the conduct of war and should be the dominant regime to tackle such issues. The relationship between these two regimes is very controversial and equally topical. It goes to the heart of the war on terror after the events of 11 September 2001. One view is that everything that happens in Guantanamo Bay is a matter of humanitarian law and has nothing to do with human rights law. Another view holds that it is a purely human rights and law enforcement issue, dealing in domestic matters and nothing more. These two perspectives have grown separately and are often seen as conflictual. This article seeks to show that the two areas of law can coexist and that each should benefit from the other and not compete for supremacy.
ISSN: 2521-2613
Affiliations:
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 21 – 32
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ISSN: 2521-2613
Affiliations:
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 33 – 46
The categorisation of property as movable and immovable create, on the one hand, the impression that immovable property is generally fixed in nature and therefore not subject to mobility, and, on the other hand, that movable property can easily be moved from one position or location to another. This water-tight division in relation to the description of property has permeated the general understanding of the definition of immovable property in the context of property law. Scholarly research and judicial activism, particularly in some countries, of which Nigeria is an example, have identified that the application of the English doctrine ‘quic quid plantateur solo, solo cedit’ renders it possible, in appropriate cases, for an otherwise immovable property to change its status to that of movable under the law. In this regard, consideration is required to be given to how rights in immovable property can be transferred. It is posited that the dichotomy between movable and immovable property is no longer necessary for a proper understanding of the word ‘property’ in the legal context and should therefore be eradicated.
ISSN: 2521-2613
Affiliations: BA, J.D, LLM and SJD (University of Arizona), Senior Lecturer, Africa Nazarene University.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 49 – 69
Various authors have discussed the significance and role of culture at the International Criminal Court (ICC). This article explores the significance and role of culture in The Prosecutor v William Samoei Ruto and Joshua Arap Sang. It seeks to reconcile ongoing contradictions, identify cultural contestations, differentiate between the various cultural arguments and contextualise this Kenyan trial in a way that will enrich our understanding of the ICC. In casu, Ruto was alleged to be an indirect co-perpetrator of a crime against humanity against supporters of the Party of National Unity during a Kenyan election, while Sang was a co-perpetrator. Both were members of the Orange Democratic Party. Their alleged crimes included murder, Article 7(1)(a); forcible transfer of population, Article 7(1)(d); and persecution, Article 7(1)(h). In the trial, the prosecution aimed to show how socially untenable structures such as tribalism are used to consolidate politics and might be used to perpetrate violence. This trial demonstrated the tension between culture and international criminal law as it played out in the ICC.
ISSN: 2521-2613
Affiliations: BA (Hons) MPA(ABU), LLB (Hons) BL LLM(Unilor), PhD(Malaysia).Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin, Nigeria. (Corresponding author); Professor of International Law, Ahmad Ibrahim Kulliyyah of Law, International Islamic University, Malaysia.
Source: Africa Nazarene University Law Journal, 2019, Volume 7, Issue 2, p. 70 – 112
An increase in the volume of air transportation worldwide is responsible for the increase in the global discharge of aviation emissions into the environment. The impact of aircraft emissions on human health and the global environment includes: circulation of low quality air; respiratory diseases; high mortality rates; pollution of the atmosphere and stratosphere; global warming and climate change. To mitigate the above problem, the United Nations embarked on efforts to bring about the global reduction in aviation emissions through the instrumentality of law. This article analyses the impact of aviation emissions on human health and the global environment. It also analyses the international laws for regulating aviation emissions with a view to ensuring that the increase in the level of aviation emissions is effectively regulated and does not hamper the growth of aviation transportation. It is found that the implementation of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol to the UNFCCC, as well as the ICAO Standards and Recommended Practices (SARPs) Annex 16 Vol II, Chicago Convention 1944 need to be improved upon in order to manage the impact of aviation emissions. The effective implementation of the ICAO SARPs is recommended as a way to ensure a sufficient reduction in aviation emissions and protection of a sustainable environment.
In an attempt to scrutinise the scientific, and therefore legal, value of fingerprint evidence, this article, in two parts, interrogates problems and challenges with regard to fingerprint evidence, which have been critically discussed and evaluated in six seminal international forensic reports compiled between 2006 and 2017. The incisive, authoritative and extensive reports which are examined and interrogated in this article, include a 2007 report on a review of the FBI’s handling of the Brandon Mayfield case (Mayfield Report) (consisting of 275 pages); the 2009 report compiled by the National Research Council (NAS Report) (consisting of 350 pages); the 2011 Scottish Fingerprint Inquiry Report (SFI Report) (consisting of 750 pages); the 2012 National Institute of Science and Technology Report (NIST Report) (consisting of 249 pages), the 2016 Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods Report by the President’s Council of Advisors on Science and Technology (PCAST Report) (consisting of 174 pages) and the 2017 Forensic Science Assessments: A Quality and Gap Analysis: Latent Fingerprint Examination of the American Association for the Advancement of Science (AAAS Report) (consisting of 166 pages). Part 1 of the article focusses on the Mayfield report and the NAS Report. Part 2 deals with the SFI Report, the NIST Report, the PCAST Report and the AAAS Report. Part 1 of this article summarises the recommendations of the first two reports and concludes with a short discussion of the effects of the NAS Report on case law.
In recent times, South Africa continues to witness persecution and targeted attacks on persons living with albinism. Although this group is protected under (inter)national laws, they continue to be the main casualties of ritual killings. The year 2018 marked the 70th anniversary of the Universal Declaration of Human Rights (UDHR). This instrument sets out overarching provisions for the protection of women, children and men with this condition from all forms of abuse. From a (quasi)normative perspective, it is undeniable that the UDHR has had and continues to have a great impact on South Africans with albinism (SAwA). It is, however, evident that SAwA are yet to enjoy the benefits of the UDHR since their persecution remains. Through a comparative analysis, the paper recommends that the state should adopt a proactive step to forestall violent attacks against SAwA.
National Instruction 3/20081 of the South African Police Service recognises the fact that taking children’s statements (irrespective of whether they are victims of, or witnesses to, a crime) is a challenge requiring special skills. There are thus well-documented instructions, guidelines and prescriptions for taking written statements from children who are victims of crime. The purpose of the research on which this article is based was to indicate, from the point of view of a criminal investigator, crucial aspects that are not covered in the Standing Orders2 of the South African Police Service or National Instruction 3/2008, and to support these with empirical evidence and references from the literature. Taking a witness statement from a child does not happen in a vacuum, and the investigating officer who performs this task is central to the investigation of the reported case and its successful prosecution. In this article, the authors examine and report on the requisite skills, make recommendations and identify aspects which regional court magistrates consider when evaluating children’s evidence based on their witness statements.
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