The Dominant Role of Commanders in the Sudanese Military Justice System and Accountability for International Crimes

2018 ◽  
Vol 26 (3) ◽  
pp. 391-406
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
Justice System ◽  
Dominant Role ◽  
National Level ◽  
Armed Forces ◽  
Criminal Court ◽  
Military Justice ◽  
International Crimes ◽  
Wide Range ◽  
Accountability Gap

Members of national defence forces are increasingly being implicated in the commission of international crimes. In Sudan, for example, reports indicate that members of the Sudanese Armed Force (SAF) are responsible for a wide range of international crimes in respect of the Darfur war. In 2007, Sudan amended the Armed Forces Act by, inter alia, criminalising international crimes. The explicit criminalisation of international crimes is commendable as it provides a legal basis for holding members of the SAF to account for the international crimes allegedly committed. The question left unresolved, however, is whether, given the dominant role of commanders in the Sudanese military justice system, it is feasible to hold commanders of the SAF to account. By critically analysing selected aspects of Sudan's Armed Forces Act, this article argues that the dominant role of commanders in Sudan's military justice system makes holding commanders to account unviable at the national level. The article, however, questions whether making reforms to the dominant role of commanders would create lasting solutions to this accountability gap. Could, perhaps, the dominant role of commanders create an entry point for other forums such as the International Criminal Court (ICC) to hold commanders to account, on the basis of the principle of command responsibility?

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

Technology as a Key Tool for the Prosecution of International Crimes: Lessons from Uganda

2021 ◽  
pp. 1-25
Author(s):  
Tonny Raymond Kirabira
Keyword(s):  
International Criminal ◽  
Qualitative Interviews ◽  
Criminal Court ◽  
Empirical Literature ◽  
Digital Evidence ◽  
Work Experiences ◽  
International Crimes ◽  
Use Of Technology ◽  
Complementarity Approach

Abstract This article uses the context of Uganda to examine the role of technology in the prosecution of international crimes. It uses the International Criminal Court (icc)complementarity framework to analyse two cases — Dominic Ongwen and Thomas Kwoyelo, exploring a question — whether the use of technology enhances the icc’s positive complementarity approach? The article draws substantially from the review of empirical literature, qualitative interviews and the author’s work experiences at the two sites of justice - Uganda and The Hague. The article reveals a practical overlap between the two sites of justice in the use of digital evidence and witness protection. It is argued that use of technology enhances the criminal trial procedures, victims’ rights and the legitimacy of the courts. It is equally argued that the use of technology has the potential to enhance the icc’s complementarity approach. The article contributes to current debates about the role of technology in international criminal justice.

Canada

2021 ◽  
pp. 193-213
Author(s):  
Christopher Cochrane ◽  
Jean-François Godbout ◽  
Jason Vandenbeukel
Keyword(s):  
Prime Minister ◽  
Dominant Role ◽  
National Level ◽  
Political Life ◽  
Independent Effect ◽  
Parliamentary Democracy ◽  
House Of Commons ◽  
Lower House ◽  
The Government

Canada is a federal parliamentary democracy with a bicameral legislature at the national level. Members of the upper House, styled the Senate, are appointed by the prime minister, and members of the lower House, the House of Commons, are elected in single-member plurality electoral districts. In practice, the House of Commons is by far the more important of the two chambers. This chapter, therefore, investigates access to the floor in the Canadian House of Commons. We find that the age, gender, and experience of MPs have little independent effect on access to the floor. Consistent with the dominant role of parties in Canadian political life, we find that an MP’s role within a party has by far the most significant impact on their access to the floor. Intriguingly, backbenchers in the government party have the least access of all.

The Proper Role of a Victim-Compensation System

1975 ◽  
Vol 21 (1) ◽  
pp. 45-49 ◽  
Author(s):  
Stephen Schafer
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Court ◽  
Compensation System ◽  
The State ◽  
Proper Place ◽  
Proper Role ◽  
Victim Compensation ◽  
Significant Step

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.

scholarly journals Foresight as a tool of public administration in the field of science, technology and innovation

2021 ◽  
Vol 8 (1) ◽  
pp. 90-97
Author(s):  
T. Kvasha ◽  
◽  
L. Musina ◽  
Keyword(s):  
New Technologies ◽  
National Level ◽  
Research And Innovation ◽  
Science Technology ◽  
Wide Range ◽  
Smart Specialization ◽  
High Level ◽  
First Time ◽  
Science Technology And Innovation

Given the growing role of technological foresight as a tool for reconciling visions, goals and ways of STI development in an era of rapid technological change and global challenges, the approach to foresight research to select priorities for science and innovation in Ukraine for 2022–2026 has been improved. It takes into account a wide range of national targets for achieving SDGs by 2030. The developed Methodological recommendations provided a thorough analysis of more than 3,000 potentially acceptable technological and innovative proposals. The approach to setting STI priorities is new for Ukraine and involves a consistent process of selecting the top 30 most acceptable proposals in each of the seven thematic areas through five stages of discussions and evaluations. The result was the formation of a database of technology passports and developments on the experts’ proposals, their selection by practitioners, ranking, evaluation in terms of the potential of Ukrainian science and relevance in terms of world science and new technologies using international databases. They are the basis for decisions by the Expert Councils and the High-Level Working Group on key thematic areas and the preparation of a relevant draft government decision. Despite the conditions of quarantine, for the first time more than 2,500 experts from science, business, state and public organizations took part in the discussions, which is the basis for impartial and public decision-making. To strengthen the role of foresight as a tool for public planning and management in the field of STI, it is proposed to develop a STI roadmap as part of a research and innovation strategy for smart specialization (RIS 3) at the national level.

Part III The Right to Justice, A General Principles, Principle 19 Duties of States with Regard to the Administration of Justice

2018 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Historical Background ◽  
Human Rights Violations ◽  
International Crimes ◽  
Administration Of Justice ◽  
The Right

Principle 19 outlines the duties of States with regard to the administration of justice for victims of serious human rights violations and other international crimes. Under this Principle, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and adequately punished. A state’s (criminal) justice obligations have long been recognized by regional human rights courts and international human rights bodies. While the fight against impunity is the explicit aim of the International Criminal Court (ICC) and a major goal of the United Nations, the duty to prosecute lies primarily with the domestic justice system with regional or international mechanisms being subsidiary or complementary. This chapter first provides a contextual and historical background on Principle 19 before discussing its theoretical framework and how human rights courts and treaty bodies have interpreted the duty of States to investigate and prosecute serious human rights violations.

scholarly journals Evolution of national climate adaptation agendas in Malawi, Tanzania and Zambia: the role of national leadership and international donors

2020 ◽  
Vol 20 (4) ◽  
Author(s):  
Joanna Pardoe ◽  
Katharine Vincent ◽  
Declan Conway ◽  
Emma Archer ◽  
Andrew J. Dougill ◽  
...  
Keyword(s):  
Climate Change ◽  
Climate Change Adaptation ◽  
Climate Adaptation ◽  
National Level ◽  
Sub Saharan Africa ◽  
Adaptation Planning ◽  
Critical Approach ◽  
Wide Range ◽  
National Leadership

AbstractIn this paper, we use an inductive approach and longitudinal analysis to explore political influences on the emergence and evolution of climate change adaptation policy and planning at national level, as well as the institutions within which it is embedded, for three countries in sub-Saharan Africa (Malawi, Tanzania and Zambia). Data collection involved quantitative and qualitative methods applied over a 6-year period from 2012 to 2017. This included a survey of 103 government staff (20 in Malawi, 29 in Tanzania and 54 in Zambia) and 242 interviews (106 in Malawi, 86 in Tanzania and 50 in Zambia) with a wide range of stakeholders, many of whom were interviewed multiple times over the study period, together with content analysis of relevant policy and programme documents. Whilst the climate adaptation agenda emerged in all three countries around 2007–2009, associated with multilateral funding initiatives, the rate and nature of progress has varied—until roughly 2015 when, for different reasons, momentum slowed. We find differences between the countries in terms of specifics of how they operated, but roles of two factors in common emerge in the evolution of the climate change adaptation agendas: national leadership and allied political priorities, and the role of additional funding provided by donors. These influences lead to changes in the policy and institutional frameworks for addressing climate change, as well as in the emphasis placed on climate change adaptation. By examining the different ways through which ideas, power and resources converge and by learning from the specific configurations in the country examples, we identify opportunities to address existing barriers to action and thus present implications that enable more effective adaptation planning in other countries. We show that more socially just and inclusive national climate adaptation planning requires a critical approach to understanding these configurations of power and politics.

scholarly journals Criminal Justice after 9-11: ICC or Military Tribunals

2004 ◽  
Vol 5 (5) ◽  
pp. 545-568
Author(s):  
Thomas Mertens
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Thought Experiment ◽  
The United States ◽  
Criminal Court ◽  
Perceived Threat ◽  
Clash Of Civilizations

Nowadays, widespread consensus exists that the dramatic events of September 11, 2001 changed not only the country that suffered these attacks but also the way many in the West view the world outside this exclusive circle. For quite a number, it confirmed Huntington's thesis of a clash of civilizations – a vision of a future of ‘us’ versus ‘them'. But as the attackers were being identified, it became clear that in a sense they came from among us; although technically foreign nationals all, they lived and studied inconspicuously in western, multicultural societies. How are we then to deal with this enemy within? How is democracy to fight this so-called War on Terror and survive? Such questions are obviously not new. Bearing De Tocqueville's assertion in mind that a long war is not needed in order to put freedom at risk in a democratic society, this article, using the technique of a thought experiment, seeks to examine the increased prerogatives that governments – fearing the enemy within – have granted themselves in the realm of criminal law to deal with the perceived threat. This experiment will bring the reader, in a non-specialist way, from the criminal justice system of Germany to the possible role of an operational International Criminal Court, and from the criminal justice system of the United States to military tribunals as a means of dealing with what those in power claim is an extraordinary threat.

Achieving the maximum synergistic effect in production

2021 ◽  
pp. 18-32
Author(s):  
Yu. A. Ostrovskiy ◽  
A. P. Yakovleva ◽  
A. V. Mukhin ◽  
G. E. Ganina
Keyword(s):  
Synergistic Effect ◽  
Dominant Role ◽  
Organizational Form ◽  
Distinctive Features ◽  
Global Innovation ◽  
Wide Range ◽  
Cooperative Activity ◽  
Level Analysis ◽  
Effective Result

Practical activities aimed at improving the efficiency of production often determine the theoretical developments in this area. In this practical activity, it is always possible to discover hidden patterns that can be of great importance for the completion of the relevant theoretical provisions. The article attempts to comprehend some aspects of practical human activity in the direction of increasing the efficiency of production in order to use them to build a synergistic effect management apparatus. Due to the novelty of the issue and the wide range of different approaches, it is necessary to limit ourselves only to a conceptual consideration in order to gain an opportunity to get into the field of practical use in production activities on this basis. The authors propose the concept of achieving the maximum synergistic effect in production on the basis of a new organizational form of cooperative activity, which allows purposefully obtaining an emergent, super-effective result. In order to develop and justify the concept of achieving the maximum synergistic effect in production, a multi-level analysis was carried out at the level of mental activity to develop ways to obtain a synergistic effect, at the level of distinctive features of global innovations in production, and at the level of compatibility of actions to obtain a synergistic effect. Taking into account the synonymy of the concepts of «synergy» and «cooperation», the conclusion about the dominant role of cooperation in obtaining an emergent synergistic property in man-made activities is made. It is shown that the emergent property is most evident in the new organizational form, which is the ergodynamic cooperative (EDC). Borrowing certain features of the analyzed global innovations in the formation of the EDC, the authors suggest that the EDC can claim to be an independent global innovation.

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