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Universal Jurisdiction
UNIVERSAL JURISDICTION A PRELIMINARY SURVEY OF LEGISLATION AROUND THE WORLD – 2012 UPDATE Amnesty International Publications First published in October 2012 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2012 Index: IOR 53/019/2012 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. CONTENTS I. INTRODUCTION ..................................................................................................................1 A. The two annexes...........................................................................................................6 B. Definitions...................................................................................................................7 -
In Defence of the Academic
IN DEFENCE OF THE ACADEMIC - STATE CAPTURE AND THE FAILURE TO DECONSTRUCT APARTHEId’s shadow stATE: A Response to the State Capacity Research Report - “Betrayal of the Promise - How South Africa is Being Stolen” Wesley Seale Rhodes University June 2017 IN DEFENCE OF THE ACADEMIC - STATE CAPTURE AND THE FAILURE TO DECONSTRUCT APARTHEId’s shadow stATE: A Response to the State Capacity Research Report - “Betrayal of the Promise - How South Africa is Being Stolen” Wesley Seale Rhodes University June 2017 Executive Summary State capture has somewhat captured the national discourse in South Africa. It is not new though, both in conception and in practice. Conceptually, it could be argued, as some have done, that state capture has taken place through policies such as cadre deployment. Practi- cally, state capture has taken place through organisations such as the Broederbond before 1994. As a response to the public protector’s report, State of Capture, and the subsequent State Capacity Research Project first report, Betrayal of the Promise: How South Africa is Being Stolen, this paper suggests that the current focus on the Gupta family is only symptom- atic of the clash between two shadow states. The first is the remnants of the Broederbond post-1994 and a section of the Black capitalist class, better known as the constitutional transformers in the SCRP report; and the second is a group of ANC leaders, also known as the radical reformers, prompted by the Guptas. Yet this manifestation by the Gupta fam- ily goes against everything the ANC has stood and struggled for; for they are simply a reincarnation of the Apartheid state. -
Betrayal of the Promise: How South Africa Is Being Stolen
BETRAYAL OF THE PROMISE: HOW SOUTH AFRICA IS BEING STOLEN May 2017 State Capacity Research Project Convenor: Mark Swilling Authors Professor Haroon Bhorat (Development Policy Research Unit, University of Cape Town), Dr. Mbongiseni Buthelezi (Public Affairs Research Institute (PARI), University of the Witwatersrand), Professor Ivor Chipkin (Public Affairs Research Institute (PARI), University of the Witwatersrand), Sikhulekile Duma (Centre for Complex Systems in Transition, Stellenbosch University), Lumkile Mondi (Department of Economics, University of the Witwatersrand), Dr. Camaren Peter (Centre for Complex Systems in Transition, Stellenbosch University), Professor Mzukisi Qobo (member of South African research Chair programme on African Diplomacy and Foreign Policy, University of Johannesburg), Professor Mark Swilling (Centre for Complex Systems in Transition, Stellenbosch University), Hannah Friedenstein (independent journalist - pseudonym) Preface The State Capacity Research Project is an interdisciplinary, inter- that the individual confidential testimonies they were receiving from university research partnership that aims to contribute to the Church members matched and confirmed the arguments developed public debate about ‘state capture’ in South Africa. This issue has by the SCRP using largely publicly available information. This dominated public debate about the future of democratic governance triangulation of different bodies of evidence is of great significance. in South Africa ever since then Public Protector Thuli Madonsela published her report entitled State of Capture in late 2016.1 The The State Capacity Research Project is an academic research report officially documented the way in which President Zuma and partnership between leading researchers from four Universities senior government officials have colluded with a shadow network of and their respective research teams: Prof. Haroon Bhorat from the corrupt brokers. -
Letter to the State Attorney
PO Box 33 Noordhoek 7979 Cape Town The State Attorney 18 September 2018 Dear State Attorney RE: Non-compliance with the findings of the Constitutional Court in respect of the requirements for anti-corruption machinery of state. 1. We write on behalf of the Cape Town Peace Centre an NGO in Cape Town. The CTPC wishes to follow through on the endeavours of Hugh “Bob” Glenister, a Gauteng businessman who has litigated in the Constitutional Court on three occasions with a view to securing effective and adequately independent anti- corruption machinery of state. The CTPC does so with his blessing. In the view of the CTPC the current structure and operations of state machinery in this sphere do not comply with the criteria laid down by the Constitutional Court in the Glenister cases decided in March 2011 (“G II” in this letter) and November 2014 (“G III”) The first Glenister case, an unsuccessful attempt to prevent the dissolution of the Scorpions, is called “G I” in this letter. 2. We have been instructed to address you as legal representative of the respondents in that litigation and in particular the president, as head of the national executive, the minister of police, as responsible minister as well as the speaker of the national Patron: Archbishop Emeritus Desmond Tutu Trustees: G Galant; D Scott; W Thring Directors: P Hoffman, SC.; Adv G Lloyd-Roberts; Adv C Shone, B Malherbe PBO: 930037416 www.accountabilitynow.org.za assembly and the chair of the national council of provinces on behalf of the legislature. 3. This letter is also being -
The Organic Laws in Francophone Africa and The
Article The organic laws in Special Issue on African Courts and francophone Africa and the Contemporary Constitutional judicial branch: a contextual Developments analysis Enyinna S Nwauche Guest Editor Jennifer Gitiri Senior State Counsel, Office of the Attorney Vol 35 No 1 (2021) General & Department of Justice, Kenya. Published 31 March 2021 Boldizsár Dr. Szentgáli-Tóth ISSN 2523-2177 Research Fellow, Hungarian Academy of Science, Hungary. Abstract Organic, qualified, or institutional laws are a special category of statutes that have a constitutional mandate to protect institutional frameworks and fundamental rights and freedoms. They operate using stricter procedural mechanisms than those available under ordinary legislative processes as they are usually passed by a supermajority. The three main models of organic laws are the French, Spanish, and Hungarian. There is arguably a fourth African model that is yet to crystallise as it is still in flux and ever-changing. Each of these models espouses unique constitutional, Speculum Juris legal, and historical characteristics that set it apart from the other. Due to its origin, organic laws are more common in civil rather than common-law countries. Organic laws are vested with certain constitutional, political, and historical functions. For example, they are used to protect institutional frameworks and fundamental rights and freedoms. In Spain, organic laws form part of the Spanish Constitution and are only invoked during times of constitutional reviews of ordinary laws. In Africa, the institutional function of organic law is given primary consideration as a mechanism that indirectly protects fundamental rights and freedoms. Since organic laws are promulgated to promote clear constitutional objectives, its scope differs from state to state on account of varying historical contexts, despite sharing a similar origin. -
Nation Building and Human Rights in Emergent African Nations S
Cornell International Law Journal Volume 2 Article 2 Issue 1 Spring 1969 Nation Building and Human Rights in Emergent African Nations S. K. B. Asante Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Asante, S. K. B. (1969) "Nation Building and Human Rights in Emergent African Nations," Cornell International Law Journal: Vol. 2: Iss. 1, Article 2. Available at: http://scholarship.law.cornell.edu/cilj/vol2/iss1/2 This Article is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. NATION BUILDING AND HUMAN RIGHTS IN EMERGENT AFRICAN NATIONS* S. K. B. Asante** I SOURCES AND MANIFESTATIONS The second half of the twentieth century has witnessed the emergence of some thirty new nations in Africa. Independence evoked sanguine expectations; it meant the end of alien rule, but the vast majority of Africans also saw in nationhood the promise of firm human rights guarantees. National independence was in fact identified with individual liberty. Nor was this identifi- cation surprising. African nationalist movements after all flourished in a world which had emerged from Nazism and Fascism-- a world which had proclaimed a new order imbued with a profound concern for human rights. The struggle for self-determination was itself regarded as an aspect of this human rights movement, and nationalist leaders freely invoked affirmations of human rights in international as well as national thinking. -
Mental Disability and the Executive: a Comparative Analysis of the Separation of Powers
LCB_23_2_Article_6_Nelson (Do Not Delete) 6/13/2019 9:53 PM NOTES & COMMENTS MENTAL DISABILITY AND THE EXECUTIVE: A COMPARATIVE ANALYSIS OF THE SEPARATION OF POWERS by Zachary Nelson The doctrine of Separation of Powers is integral to the United States’ consti- tutional system. To prevent tyranny, governmental power must be separated to ensure that no government institution nor official gains too much power. The U.S. Constitution was drafted with this central concern in mind. To achieve successful separation of powers, constitutions must make clear—or at least discernible—the boundaries and scope of each power. One of the most significant areas in which this clarity is required is in the election, mainte- nance, and removal of the country’s executive leadership. For over 175 years, the U.S. Constitution lacked a procedure for removing its president from office for reasons of ill health. This was not due to a surplus of healthy presidents. In fact, the history of U.S. presidents is one of frequent illness, sudden traumas, and eleventh-hour miracles. Numerous presidents narrowly avoided death, while countless others kept hidden their struggles with physical frailty and decline. Beyond physical ailments, presidents endure stress * J.D., summa cum laude, Lewis & Clark Law School, 2019; M.A., Colorado State University, 2016; B.A., University of South Dakota, 2013. Thank you to Professor Ozan Varol for the valuable comments, feedback, and guidance during the drafting process, to the staff of the Lewis & Clark Law Review for their diligent work preparing this for publication, and to my family for their constant encouragement. -
Combating Corruption
Combating Corruption Constitutional Frameworks for the Middle East and North Africa Combating Corruption: Constitutional Frameworks for the Middle East and North Africa Combating Corruption: Constitutional Frameworks for the the Middle East and North Africa Center for Constitutional Transitions, International Institute for Democracy and Electoral Assistance and the United Nations Development Project Project Leads: Sujit Choudhry, Founding Director, Center for Constitutional Transisions, I. Michael Heyman Professor of Law and Dean, University of California, Berkeley Richard Stacey, Director of Research, Center for Constitutional Transitions, Assistant Professor, Faculty of Law, University of Toronto Project Team Members: Christopher Beshara, Casey Downing, Matthew Holbreich, Poonam Singh © Copyright 2014 Center for Constitutional Transitions, International IDEA and the United Nations Development Programme The electronic version of this publication (excluding the cover photos) is available under a Creative Commons License (CCI) – Creative Commons Attribute-Non Commercial- Share Alike 3.0 Licence. International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. ISBN: 978-91-87729-86-7 What is International IDEA? The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization with a mission to support sustainable democracy -
Predicting Petty Corruption in the Public Sector Through Household Survey Non-Compliance
Predicting Petty Corruption in the Public Sector through Household Survey Non-Compliance Emma Unite Town Supervisor: Haroon Bhorat A dissertation submitted to the Economics Department, University of Cape Town, in partial fulfilment of the requirements for the award of a MasterCape of Commerce (Economic Development) 11 Februaryof 2019 University The financial assistance of the National Researchi Foundation (NRF) towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF. The copyright of this thesis vests inTown the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes Capeonly. of Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University Abstract Corruption is a phenomenon in which many South Africans are well versed. While it continues to headline the news, the true extent of corruption is difficult to determine. Perception based indices have been proven to be inaccurate and experience-based data is also likely to incorrectly estimate the level of corruption. Forensic economics have come forward to fill this gap. These methods, however, are not always feasible as they rely on special datasets which are often difficult to come by. Using the National Income Dynamics Survey (NIDS) Waves 3, 4 and 5, this paper measures the difference in income underreporting between the public and private sectors. This difference is argued to represent the relative level of petty corruption in the public sector. -
Constitutionalisation of the Rights of Political Parties in Africa and Its Impact on Constitutionalism: a Comparative Study of T
CONSTITUTIONALISATION OF THE RIGHTS OF POLITICAL PARTIES IN AFRICA AND ITS IMPACT ON CONSTITUTIONALISM: A COMPARATIVE STUDY OF THE CENTRAL AFRICAN REPUBLIC, SENEGAL AND SOUTH AFRICA by Sonia Esther Vohito - Anyanwu Submitted in fulfilment of the requirements for the degree Doctor Legum (LLD) In the Faculty of Law, University of Pretoria August 2018 Supervisor: Professor Charles Manga Fombad 1 © University of Pretoria Declaration of originality I, the undersigned, hereby declare that this thesis, which I submit for the degree Doctor Legum (LLD) in the Faculty of Law at the University of Pretoria, is my own work and has not previously been submitted for a degree at another university. I have correctly cited and acknowledged all my sources. Signed: Date: Supervisor: Date: 2 © University of Pretoria Dedication To my husband, Chikezie Anyanwu, for his love and support. To our children, Olivier Uchenna, Emmanuelle Amarachi and Gabriel Chiwetel; you are my driving force and the reason why this thesis came to life. To my parents, Professor Michel Dieudonné Vohito and Doctor Jeanne Angèle Vohito, who are my source of inspiration. 3 © University of Pretoria Acknowledgment While I juggled between writing this thesis, performing my daily job as child rights activist, caring for my children and fighting for my child with special needs, I have incurred many debts. I am immensely grateful to my supervisor, Professor Charles Manga Fombad, for his guidance and support along this journey. Thank you for your rigour, insightful comments and for pushing me to my limits. Thank you to Professor Frans Viljoen for his thoughtfulness and encouragement. To Professor Mai Cheng, thank you for sharing your knowledge and for always referring me to useful resources. -
Qualified Laws As Actors of the Separation of Powers
Hungarian Journal of Legal Studies DOI: 10.1556/2052.2021.00266 Qualified laws as actors of the separation of powers BOLDIZSAR SZENTGALI-T OTH 1,2p 1 Centre for Social Sciences, Institute for Legal Studies 2 Constitutional Law Department of the Eotv€ os€ Lorand University ORIGINAL RESEARCH PAPER Received: January 31, 2020 • Revised manuscript received: August 16, 2020 • Accepted: February 20, 2021 © 2021 The Author(s) ABSTRACT Over the last few decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules than the requirements of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislation, and are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. It is beyond doubt that this legal instrument influences the prevalence of the separation of powers and the constitutional principle of democracy in a remarkable way; therefore, it might be an important tool for populist politicians to concrete their preferences for the long term. In this study, my aim is to conceptualize the most highly contested issues regarding the legal nature of qualified laws, and to provide a deeper understanding of the interdependence between qualified laws and the separation of powers. This analysis might also clarify how qualified laws may serve the ambitions of populist political groups in certain specific circumstances. My contribution provides general theoretic considerations, and does not outline the particular constitutional frameworks in detail. I would rather just use the specific examples to demonstrate how the mechanism of qualified law works in practice as an instrument of constitutional law. -
Betrayal of the Promise: How South Africa Is Being Stolen
BETRAYAL OF THE PROMISE: HOW SOUTH AFRICA IS BEING STOLEN May 2017 State Capacity Research Project Convenor: Mark Swilling Authors Professor Haroon Bhorat (Development Policy Research Unit, University of Cape Town), Dr. Mbongiseni Buthelezi (Public Affairs Research Institute (PARI), University of the Witwatersrand), Professor Ivor Chipkin (Public Affairs Research Institute (PARI), University of the Witwatersrand), Sikhulekile Duma (Centre for Complex Systems in Transition, Stellenbosch University), Lumkile Mondi (Department of Economics, University of the Witwatersrand), Dr. Camaren Peter (Centre for Complex Systems in Transition, Stellenbosch University), Professor Mzukisi Qobo (member of South African research Chair programme on African Diplomacy and Foreign Policy, University of Johannesburg), Professor Mark Swilling (Centre for Complex Systems in Transition, Stellenbosch University), Hannah Friedenstein (independent journalist - pseudonym) Preface The State Capacity Research Project is an interdisciplinary, inter- that the individual confidential testimonies they were receiving from university research partnership that aims to contribute to the Church members matched and confirmed the arguments developed public debate about ‘state capture’ in South Africa. This issue has by the SCRP using largely publicly available information. This dominated public debate about the future of democratic governance triangulation of different bodies of evidence is of great significance. in South Africa ever since then Public Protector Thuli Madonsela published her report entitled State of Capture in late 2016.1 The The State Capacity Research Project is an academic research report officially documented the way in which President Zuma and partnership between leading researchers from four Universities senior government officials have colluded with a shadow network of and their respective research teams: Prof. Haroon Bhorat from the corrupt brokers.