scholarly journals The Parameters of Enslavement and the Act of Forced Marriage

2013 ◽  
Vol 13 (4) ◽  
pp. 895-915 ◽  
Author(s):  
Iris Haenen
Keyword(s):  
Sierra Leone ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Charles Taylor ◽  
Case Law ◽  
Trial Chamber ◽  
Forced Marriage ◽  
Sexual Slavery ◽  
Women And Girls ◽  
Definition Of

During several recent conflicts, such as the ones in Sierra Leone, Cambodia, Uganda and the Democratic Republic of Congo, women and girls – but sometimes also men and boys – were abducted and enslaved into so-called forced marriages. The Special Court for Sierra Leone issued several judgments in which it discussed the legal qualification of the act of forced marriage. In its most recent judgment, the trial judgment in the case against Charles Taylor, the Trial Chamber held that forced marriage amounts to sexual slavery. This article briefly discusses the relevant case law on forced marriage and examines the Trial Chamber’s conclusion in the Charles Taylor Judgement that forced marriage is a form of sexual slavery. For this purpose, the definition of enslavement is analysed and the parameters of this crime are set out. Building on the reasoning of the Trial Chamber in the Taylor case, the article concludes that forced marriage does indeed amount to a slavery crime and is best qualified as the broader crime of enslavement.

scholarly journals Sexual Slavery as a War Crime: A Reform Proposal

2021 ◽  
pp. 369
Author(s):  
Alessandro Storchi
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
International Criminal Law ◽  
Present Formulation ◽  
Sexual Slavery ◽  
History Of ◽  
Definition Of ◽  
First Time

For the first time in the history of international criminal law, the ICC Elements of Crimes included a statutory definition of sexual slavery as a war crime and as a crime against humanity. Such definition is derived from, and in fact almost identical to, the definition of enslavement in the same text. In July 2019, that language for the first time was adopted and applied in the conviction of general Bosco Ntaganda, the first ever conviction for sexual slavery as a war crime and as a crime against humanity at the ICC, as part of the situation in the Democratic Republic of Congo. This note argues for a reform in the language of the crime of sexual slavery as present in the ICC Elements of Crimes. The present formulation of such crime fails to correctly provide an independent standing for sexual slavery: that is, it does not adequately characterize the sexual nature of the crime as opposed to the broader category of enslavement. The note will focus on the drafting history that led to the present language, as well as on the problems arising from the Ntaganda decision. The note highlights the theoretical and practical limits of the present formulation, and it will address the academic critiques the language already received. It will then provide for an alternative wording for the first element of the crime, a wording that is more reflective of the purpose arising from the negotiating history at Rome and that emphasizes the sexual nature of the offense.

scholarly journals Impact of war on women: Iyorwuese Hagher’s Lamp of Peace

2020 ◽  
Vol 7 (1-2) ◽  
pp. 460-469
Author(s):  
Jonathan Desen Mbachaga
Keyword(s):  
Nongovernmental Organizations ◽  
Sierra Leone ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Psychological Trauma ◽  
Armed Conflicts ◽  
Republic Of Congo ◽  
Males And Females ◽  
Women And Girls ◽  
Effects Of War

Africa as a continent has been ravaged by wars that have brought untold hardship and retardation to development. Militarization and war places various demands on both males and females. This study concentrates on how females have been used as sex slaves and have now become vulnerable to rape and outright fighting in the wars. Extenuating the effects of war with its irreparable losses and psychological trauma in recent times has been the focus of governments, nongovernmental organizations and philanthropists. The devastation caused by the conflicts, the destruction to communities and the suffering of women and girls cannot be over emphasized. Recent years have seen many regions of Africa involved in wars and internal or external conflicts. From Liberia to Sierra Leone; Angola, The Democratic Republic of Congo to Rwanda; Burundi, Mali, Côte d’Ivoire to Sudan, the story is a sad and saddening one. Therefore, this article discusses the effects of armed conflicts on women and girls, using Iyorwuese Hagher’s Lamp of Peace as a textual reference. It employs the literary method to consider the response of Iyorwuese Hagher as a playwright regarding the outcry against war atrocities against women. The paper argues that glaring gaps still exist regarding the protection of women and girls during armed conflicts. As such, women and girls deserve special attention that focuses on protection as they are both victims of abuse and actors in reconstruction. Keywords: War, Atrocities on women, Protection and rehabilitation, Lamp of Peace, Africa

The Special Court for Sierra Leone, Child Soldiers, and Forced Marriage: Providing Clarity or Confusion?

2008 ◽  
Vol 45 ◽  
pp. 131-172 ◽  
Author(s):  
Valerie Oosterveld
Keyword(s):  
Sierra Leone ◽  
Armed Forces ◽  
Child Soldiers ◽  
Trial Chamber ◽  
Forced Marriage ◽  
Gender Based ◽  
Definition Of ◽  
Civil Defence ◽  
Trial Record

SummaryThis article considers the first two trial, and corresponding first two appeal, judgments issued by the Special Court for Sierra Leone in what are commonly referred to as the Armed Forces Revolutionary Council (AFRC) and Civil Defence Forces (CDF) cases. These judgments are noteworthy for having been the first to adjudicate at the international level the war crime of conscription or enlistment of children under the age of fifteen or using them to participate actively in hostilities and the gender-based crime against humanity of forced marriage. Beginning with the issue of child soldiers, this article explores how the Special Court addressed the applicable elements of crime, the abduction of children, the role of initiation within the act of conscription or enlistment of child soldiers, and the definition of use of children to participate actively in hostilities. The second part of this article discusses how the AFRC judgments addressed the crime against humanity of forced marriage. In comparison, the CDF Trial Chamber avoided consideration of this crime, and the Appeals Chamber’s partial criticism of this approach could not correct the negative silence created within the Special Court’s record of gender-based atrocities by the CDF. The article concludes that the AFRC and CDF judgments raise issues that require further consideration. For example, what is the legal linkage between abductions and child soldier recruitment, and how does one distinguish between active and non-active participation of children under fifteen in hostilities? These judgments also point to the dangers involved in misunderstanding a gender-based crime such as forced marriage solely as a crime of a sexual nature, and the way in which a trial record can be irrevocably altered by the unbalanced exclusion of gender-based crimes.

Legal Maxims: Summaries and Extracts from Selected Case Law

2017 ◽  
Author(s):  
Anna Buono ◽  
Nadia Napoli ◽  
Anna Oriolo ◽  
Caterina Tuosto ◽  
Anna Vigorito
Keyword(s):  
Democratic Republic ◽  
Case Law ◽  
Trial Chamber ◽  
Republic Of The Congo ◽  
Appeal Decision

1.SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGOThe Prosecutor v. Mathieu Ngudjolo Chui, Case No. ICC-01/04-02/12-A, Appeals Chamber Judgment on the Prosecutor’s Appeal Decision of Trial Chamber II Entitled “Judgment Pursuant to article 74 of the Statute”, 27 February 2015The Prosecutor v. Thomas Lubanga Dyilo...

Chaetomium funicola. [Descriptions of Fungi and Bacteria].

2006 ◽  
Author(s):  
D. W. Minter
Keyword(s):  
New York ◽  
North Carolina ◽  
Sierra Leone ◽  
Rhode Island ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Conservation Status ◽  
Northern Territory ◽  
Washington Dc ◽  
Horticultural Crops

Abstract C. funicola is described and illustrated. Information on host range (mainly field and horticultural crops, trees, wood, dung, man and artefacts), geographical distribution (Democratic Republic of Congo; Ethiopia; Ghana; Kenya; Nigeria; Sierra Leone; South Africa; Tanzania; Togo; Uganda; Zambia; Alberta, British Columbia, Manitoba, Nova Scotia and Ontario, Canada); Mexico; California, Florida, Iowa, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Washington DC and West Virginia, USA; Nicaragua; Panama; Brazil; Chile; Uruguay; Venezuela; Fujian and Hongkong, China; India; Indonesia; Japan; Malaysia; Pakistan; Papua New Guinea; Philippines; Sri Lanka; Thailand; Capital Territory, Northern Territory, Queensland and Western Australia; New Zealand; Dominica; Jamaica; Belgium; France; Great Britain; Romania; Sweden; Ukraine; Mauritius; and USSR, and conservation status is presented.

scholarly journals L’optimisation juridique du paiement pour services environnementaux en faveur de la préservation des services environnementaux : le cas du Cameroun et de la République Démocratique du Congo

Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
pp. 151-161
Author(s):  
Blaise-Pascal Ntirumenyerwa Mihigo
Keyword(s):  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Field Research ◽  
Congo Basin ◽  
Environmental Services ◽  
Systematic Analysis ◽  
Payment For Environmental Services ◽  
République Démocratique Du Congo ◽  
Legal Frameworks ◽  
Definition Of

The study starts from a hypothesis on the coherence and compatibility of the legal instruments in force in Cameroon and in the Democratic Republic of Congo (DRC) with the optimization of payment for environmental services (PES) and the preservation of environmental services. This study has employed a legal approach and interviews in order to investigate whether there is coherence and compatibility or not between the two variables of this hypothesis: (1) the legal instruments in force in Cameroon and in the DRC and (2) the optimization of PBS and the preservation of environmental services. This study consists of three parts. The first part deals with the theoretical framework of PES and the place of PES in the legal order. In this first part, the definition of an optimal PES, the indicators of an optimal PES and the categories of legal frameworks on PES have been revealed. These are the fundamental elements to conduct a systematic analysis in the second and third parts. Based on these fundamental elements, the study analyses the legal instruments from international, regional (Africa) and domestic (Cameroon and the DRC) levels and investigates through field research two PES projects, one in Cameroon called “PES comminatory project” and another in the DRC called “REDD CBFF-Luki” respectively in the second and the third parts. From the analysis of these legal instruments and the investigation of these two PES projects, it has become apparent that there is a lack of coherence and compatibility between the legal instruments and these two PES projects in Cameroon and in the DRC, and the optimization of PES and the preservation of environmental services in the Congo Basin in general, especially in these two States. Useful recommendations have been made to eradicate these shortcomings.

scholarly journals Vécu Des Enfants Soldats Pendant La Guerre: Une Analyse À Partir Des Projets De l’Organisation Non Gouvernemental Caritas Makeni En Sierra Léone

2017 ◽  
Vol 13 (2) ◽  
pp. 256
Author(s):  
Gnamien Yawa Ossi
Keyword(s):  
Sierra Leone ◽  
Central African Republic ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Child Soldiers ◽  
Armed Conflicts ◽  
Child Soldier ◽  
Armed Groups ◽  
Social Reintegration ◽  
Quantitative And Qualitative Methods

The phenomenon of «child soldier» has become very rampant these last years. In Africa, they are very common in the Democratic Republic of Congo (DRC), in Chad, in Uganda, in Sierra Leone, and in Côte d’Ivoire. More recently, they are in Mali and in the Central African Republic. However, armed conflicts have imposed various situations on populations. The children are the main victims. The focus of this study is on child soldiers during times of war. The main objective of this study is to analyze the ways they join the armed groups and the difficulties of their social reintegration. The objective of this study is to analyze the recruitment conditions of children and the difficulties of social reintegration. The hypothesis postulates that there is a link between the passage of the children in armed groups and their psychosocial outcome. The study took place in Sierra Leone. The quantitative and qualitative methods were used. The results of the study show that: the mode of recruitment of children has an influence on their social reintegration. Also, the violent practices in armed conflicts are obstacles to their social reintegration.

scholarly journals How should community health workers in fragile contexts be supported: Qualitative evidence from Sierra Leone, Liberia and Democratic Republic of Congo

2020 ◽  
Author(s):  
Joanna Raven ◽  
Haja Wurie ◽  
Ayesha Idriss ◽  
Abdulai Jawo Bah ◽  
Amuda Baba ◽  
...  
Keyword(s):  
Community Health ◽  
Sierra Leone ◽  
Community Health Workers ◽  
Democratic Republic ◽  
Health Workers ◽  
Democratic Republic Of Congo ◽  
Community Support ◽  
Health Coverage ◽  
Republic Of Congo ◽  
And Performance

Abstract Background: Community Health Workers (CHWs) are critical players in fragile settings, where staff shortages are particularly acute, health indicators are poor and progress towards Universal Health Coverage is slow. Like other health workers, CHWs need support to contribute effectively to health programmes and promote health equity. Yet the evidence base of what kind of support works best is weak. We present evidence from three fragile settings - Sierra Leone, Liberia and Democratic Republic of Congo on managing CHWs, and synthesise recommendations for best approaches to support this critical cadre.Methods: We used a qualitative study design to explore how CHWs are managed, the challenges they face and potential solutions. We conducted interviews with decision makers and managers (n=37), life history interviews with CHWs (n=15) and reviewed policy documents. Results: Fragility disrupts education of community members so that they may not have the literacy levels required for the CHW role. This has implications for the selection, role, training and performance of CHWs. Policy preferences about selection need discussion at the community level, so that they reflect community realities. CHWs scope of work is varied and may change over time, requiring ongoing training. The modular, local, and mix of practical and classroom training approach worked well, helping to address gender and literacy challenges and developing a supportive cohort of CHWs. A package of supervision, community support, regular provision of supplies, performance rewards and regular remuneration is vital to retention and performance of CHWs. But there are challenges with supervision, scarcity of supplies, inadequate community recognition and unfulfilled promises about allowances. Clear communication about incentives with facility staff and communities is required as is their timely delivery.Conclusions: This is the first study that has explored the management of CHWs in fragile settings. CHWs interface role between communities and health systems is critical because of their embedded positionality and the trusting relationships they (often) have. Their challenges are aligned to those generally faced by CHWs but chronic fragility exacerbates them and requires innovative problem solving to ensure that countries and communities are not left behind in reforming the way that CHWs are supported.

scholarly journals Critical remarks on the International Court of Justice’s interpretation of Article 3(g) of the “Definition of Aggression”(UNGA Resolution 3314/1974)

2018 ◽  
Vol 14 (1) ◽  
pp. 99-122 ◽  
Author(s):  
Taciano Scheidt Zimmermann
Keyword(s):  
Democratic Republic ◽  
Case Law ◽  
General Assembly ◽  
International Court Of Justice ◽  
Serbia And Montenegro ◽  
Court Of Justice ◽  
International Court ◽  
Republic Of The Congo ◽  
International Responsibility ◽  
Definition Of

Abstract The purpose of this paper is to examine whether and to what extent the Article 3(g) of the General Assembly Definition of Aggression (Resolution 3314/1974 XXIX) can be interpreted using the case-law of the International Court of Justice. Three judgments delivered by the Court are analyzed: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) and Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). Special attention is given to the connection between international norms on the use of force and the law of international responsibility, as well as to the meaning and status attributed by the Court to the expressions “sending” and “substantial involvement,” both present in Article 3(g).

Meliola bicornis. [Descriptions of Fungi and Bacteria].

2006 ◽  
Author(s):  
D. W. Minter
Keyword(s):  
South Africa ◽  
Puerto Rico ◽  
Trinidad And Tobago ◽  
Sierra Leone ◽  
Papua New Guinea ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Rio Grande ◽  
Rio Grande Do Sul ◽  
Sao Tome And Principe

Abstract A description is provided for M. bicornis. Information on the symptoms of the disease caused by this fungus, its transmission by ascospores, host records on a range of genera from the Fabaceae and geographical distribution (Cameroon; Democratic Republic of Congo; Ghana; Guinea; Kenya; Nigeria; São Tomé and Principe; Sierra Leone; South Africa; Sudan; Togo; Uganda; Costa Rica; Honduras; Panama; Santa Catarina and Rio Grande do Sul, Brazil; Colombia; Ecuador; Guyana; Surinam; Venezuela; Hainan, China; Assam and Meghalaya, India; Indonesia; Malaysia; Nepal; Pakistan; Papua New Guinea; Philippines; Vietnam; Cuba; Dominica; Dominican Republic; Jamaica; Puerto Rico; and Trinidad and Tobago) is included.

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