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Role of the International Community in Fighting Crimes Against Humanity: a Focus on Africa

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Role of the International Community in Fighting Crimes Against Humanity: a Focus on Africa ROLE OF THE INTERNATIONAL COMMUNITY IN FIGHTING CRIMES AGAINST HUMANITY: A FOCUS ON AFRICA BY MUMOEUNICE LLB/10162/81/0F A RESEARCH PROPASAL SUBMITTED TO THE FACULTY OF LAW IN PARTIAL FULFILLMENT FOR THE AWARD OF A BACHELOR'S DEGREE OF LAWS AT KAMPALA INTERNATIONAL UNIVERSITY, UGANDA. MAY, 2013 DECLARATION 1 Mumo Eunice declare that this research proposal titled "role of the international community in fighting crimes against humanity" is my original work and has never been presented to any other university or institution of higher learning. NAMES: MUMO EUNICE Signature: ......~ .................... ...h., 1 Date: ..... ;?.. .? .. ...... ~~~ .. .!?.. 9 . .~ . : .. ....... APPROVAL This research proposal titled "role of the international community in fighting crimes against humanity" has been submitted with my approval as the supervisor. NAMES: DR.CHIMA MAGNUS Signature: .......... '2--5...-- :;;;-~ :2.-- D l'3 Date: ................................................ ii DEDICATION This work is dedicated to my family for their generous contribution towards the whole course. I wish to thank my parents Mr. & Mrs. John Mumo Masumba, sisters Lydia Mumo and Debbie Mumo. iii ACKNOWLEDGEMENTS This work is the fruit of the eff01ts of various worthy people to be thanked for their contribution and their engagement. I wish to acknowledge Ken Ngonze, Moses 0. Audi, Maxwell okeyo, all students of law class 20 I2 and 20 II, Sun valley Fellowship church and family and friends iv TABLE OF CONTENTS DECLARATION ..................................................................................................................................... i APPROVAL ........................................................................................................................................... ii DEDICATION .............................. , ........................................................................................................ iii ACKNOWLEDGEMENTS .................................................................................................................... iv CHAPTER ONE ..................................................................................................................................... 1 1.1 INTRODUCTION ......................................................................................................................... 1 1.2BACKGROUND OF THE STUDY ................................................................................................ 3 1.3 STATEMENT OF THE PROBLEM .............................................................................................. S 1.4 KEY RESEARCH QUESTIONS................................................................................................... 6 · 1.5. RESEARCH OBJECTIVES.......................................................................................................... 6 \.6 CONCEPTUAL FRAMEWORK ................................................................................................... 7 1.7 SIGNIFICANCE OF TI-lE RESEARCH AND LITERATURE REVIEW ....................................... 8 \.8 RESEARCH METHODOLOGY ................................................................................................. 10 CHAPTER TWO .................................................................................................................................. 11 2.0. THE ROLE OF THE INTERN A TJONAL COMMUNITY IN TACKLING CRIMES AGAINST HUMANITY AND ITS JUSTJFICA TJON ........................................................................................ 11 2.1. OVERVIEW ............................................................................................................................... ll 2.1.1. PREVENTION OF ARMED CONFLICTS .......................................................................... 11 2.1.2. CESSATION OF EXISTING CONFLICTS ......................................................................... 12 2.1.3. HUMANITARIAN ASSISTANCE TO THE VICTIMS ....................................................... 14 2.1.4. PUNISHMENT OF THE PERPETRATORS ........................................................................ 15 2.2. THE JUSTIFICATION OF THE ROLE ...................................................................................... 18 2.2.1. THE UNIVERSALITY OF HUMAN RIGHTS AND THE EQUALITY OF ALL HUMAN BEINGS ................................_. ...................................................................................................... -19 CHAPTER THREE ............................................................................................................................... 22 3.0. THE MECHANISMS THAT THE INTERNATIONAL COMMUNITY HAS USED IN DEALING WITH CRIMES AGAINST HUMANITY AND THE DEGREE OF SUCCESS ....... 22 3.1. INTRODUCTION TO THE METHODS USED ..................................................................... 22 v 3.1.1. THE USE OF DIPLOMACY ................................................................................................... 23 3.1.1.1. REGIONAL ORGANISATIONS ............................................................................. 24 3.1.2. THE USE OF FORCE ............................................................................................................. 28 3.1.3. THE USE OF POLITICAL AND ECONOMIC SANCTIONS ................................................. 29 3.1.4. THE INTERNATIONAL JUSTICE SYSTEM ......................................................................... 30 3.4 THE DEGREE OF SUCCESS IN DISCHARGING THE ROLE ...................................... 38 CHAPTER FOUR ................................................................................................................................. 40 4.0. THE CHALLENGES AND OBSTACLES .................................................................................. 40 4.1. STATE SOVEREIGNTY ........................................................................................................... 41 4.2. EXECUTIVE IMMUNITY .................................................................................................. 44 4.3. NON-MEMBERSHIP ~y SOME STATES ........................................................................ 45 4.4. IDEOLOGICAL DIFFERENCES AND WORLD POLITICS .......................................... 46 4.5. CONTENTIOUS LEGAL PRINCIPLES ............................................................................ 47 4.6. Inadequate Personnel and the Need for State Assistance ................................................... 51 CHAPTER FIVE ................................................................................................................................... 53 5.0. OBSERVATIONS AND RECOMMENDATIONS ..................................................................... 53 5.1. OBSERVATIONS ...................................................................................................................... 53 5.2. RECOMMENDATIONS ............................................................................................................ 58 vi CHAPTER ONE 1.1 INTRODUCTION Crimes against humanity constitute heinous criminal acts, closely related to the other two of genocide and war crimes. A common thread that runs through all of them is the fact that in most cases they are committed during times of war or civil strife, either against a group targeted perhaps on grounds of tribe, race or similar distinction or against an entire populace without targeting any specific group. This paper seeks to look at the role of the international community 111 securing peace and democracy in Africa but at the same time being fair in the adjudication and treatment of war crimes committed across the world. It is worthy to note that there has been an outcry from African leaders that the ICC is biased against Africa in terms of prosecuting crimes under the Rome Statute of the International Criminal Court. The paper would therefore seek to analyse the situation in Africa and compare it with other patts of the world such as Yugoslavia, Germany, East Timor among other regions where war crimes have been committed. The paper will also scrutinise how the international community has been reacting towards the prosecution of various leaders across the world at the ICC. Whenever the crime against humanity is mentioned, the instances of what occurred in countries like the Democratic Republic of Congo, Kenya, Sudan, Liberia and Rwanda come to mind. Yet these arc not the only countries that have been afflicted with this sad and tragic eventuality. In fact the prevalence of these crimes extends beyond not only the boundaries of place but also of time. A key historical instance during which these crimes were committed on a large scale is during the extermination of the Jews by the then German potentate, Adolf Hitler, in what has come to be commonly referred to as the Holocaust. 1 1 The Holocaust involved what has been come to be generally regarded as an ambitiously inhuman and evil attempt by the then Germany strongman Adolf Hitler to wipe off all Jews from the face of the earth. The Jews, drawn from across Europe, were taken to concentration camps where they were tortured and exterminated in fume chambers. Close to six million Jews lost their liVes then, for being, in the eyes of Hitler, an inferior race. 1 CHAPTER ONE 1.1 INTRODUCTION Crimes against humanity constitute heinous criminal acts, closely related to the other two of genocide and war crimes. A corrimon thread that runs through all of them is the fact that
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