Why the Sudan’s case against the UAE at the ICJ has limited prospects of success
Posted: 9 April, 2025 Filed under: Zwelithini Eugene Xaba | Tags: conspiring to commit genocide, Emirati militants, forcible displacement, genocide, inciting genocide, Masalit people, Prevention and Punishment of the Crime of Genocide, Provisional Measures, question of jurisdiction, rape, Rapid Support Forces, Sudan, the Genocide Convention, UAE, United Arab Emirates Leave a comment
Author: Zwelithini Eugene Xaba
International lawyer
On Thursday 6 March 2025, Sudan initiated proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ/Court) alleging the violation of the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).[1] The application relates to the ongoing conflict in the territory of the Sudan, between its armed forces and the Rapid Support Forces (RSF) and their allied militia groups.[2] Sudan alleges that the UAE has violated Article 1 of the Genocide Convention as well as “other fundamental obligations…including by attempting to commit genocide; conspiring to commit genocide; inciting genocide; complicity in genocide; and failing to prevent and punish genocide.”[3] Sudan alleges that since 2023 the RSF has perpetrated a genocide against the Masalit, a Black African ethnic group resident in the West Darfur region, 2000 kilometers away from Khartoum, with the financial, political, and military support of the UAE.[4] The Government of Sudan alleges that acting under the military command and with the direct assistance of Emirati militants, the RSF has killed thousands of Masalit people of all ages as well as engaged in forcible displacement; rape and blockade of humanitarian assistance with the intent to destroy the group in whole or in part.[5] Sudan has also requested the indication of provisional measures pursuant to Article 41 of the ICJ Statute and Articles 73 to 75 of the Rules of Court.
Peeling back the mask: Analysing the juxtaposition of marital rape and its legalese in Kenya
Posted: 7 April, 2025 Filed under: James Mulei | Tags: ‘unlawful’ penetration, biological abilities, bride price, cultural taboos, cultural traditions, gender-based violence, inancial security, intimate partner violence, justice to victims, Kenya, Kenya’s Sexual Offences Act (2006), lack of forensic medical experts, marital rape, non-consensual sex, physical disparity, physical effects, psychological effects, rape, rape within marriage, unconsented sex Leave a comment
Author: James Mulei
Kabarak University
“You are mad!” Resian screamed at him. “You are stark mad if you think I am your wife. He repeated quietly, smiling “Whether you scream your heart out, or jump into the deep sea, Resian, you are mine. You are my wife from now henceforth! Let us see how ‘educated’ your body is.” *
The juxtaposition of marital rape has been a subject of discussion, spanning several years if not centuries. Ideally, juxtaposition here refers to contrasting the concept of rape within marriage. Why would a man rape his wife if they are married? Isn’t rape characterised by unconsented sex, where ‘unlawful’ penetration must occur? The immunity of a husband had a long historical tradition, framed by British common law. The immunity of husbands was established by the eminent judge and jurist Sir Matthew Hale in 1736, where he pointed out that a husband cannot be guilty of rape upon his wife for a husband could not be guilty of raping his wife, as marriage implied consent. This theory treated marriage as a contractual agreement where sex was an obligation, making it impossible to prosecute marital rape.[1] This implied that a husband is incapable of raping his wife, meaning that any sexual acts perpetuated within the marriage could not be subject to judicial scrutiny.[2]
‘Year of justice for Africans and people of African descent through reparations’: Can Mauritius lead by example or remain a spectator?
Posted: 26 March, 2025 Filed under: Lakshita Kanhiya, Michael Gyan Nyarko | Tags: 37th Ordinary Assembly, administration of justice, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, African Court Protocol, African Union, Anil Kumarsingh Gayan, beacon of democracy, colonial heritage, economic stability, historic declaration, human rights, Mauritian legal system, Mauritius, quest for justice, reparations, Year of Justice for Africans and People of African Descent Through Reparations 1 Comment |
Author: Lakshita Kanhiya Legal Associate, Initiative for Strategic Litigation (ISLA) in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
The Heads of States and Governments of the African Union (AU) have declared 2025 the ‘Year of Justice for Africans and People of African Descent Through Reparations’. This historic declaration, made during the 37th Ordinary Assembly held in Addis Ababa in February 2024, resonates deeply within the broader quest for justice, human rights, and the long-overdue reckoning with colonial legacies across the continent. As the continent prepares to collectively reflect on justice and reparations, it becomes imperative to critically assess the structures and systems that hinder the realisation of justice for African people. One such structural barrier lies in the reluctance of several African states, including Mauritius, to fully embrace the jurisdiction of the African Court on Human and Peoples’ Rights (African Court) through direct access for individuals and NGOs under article 34(6) of the Protocol establishing the African Court (African Court Protocol /Protocol).
The conundrum of combating child trafficking in Zimbabwe
Posted: 11 March, 2025 Filed under: Zororai Nkomo | Tags: abuse of power, child trafficking, Convention against Transnational Organized Crime, desperate jobseekers, emotionally vulnerable, fraud, human trafficking, Palermo Protocol, profit, sexual exploitation, use of force, Zimbabwe, Zimbabwe’s Trafficking in Persons Act 2 Comments
Author: Zororai Nkomo
African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
Introduction
In 2014 Zimbabwe domesticated the United Nations (UN) protocol that aims to prevent, suppress, and punish human trafficking, especially of women and children – the Palermo Protocol, through the promulgation and subsequent enactment of the Trafficking in Persons Act of 2014 ( TIP Act). The 2023 and 2024 Trafficking in Person Report shows that Zimbabwe is among Southern African countries still grappling with trafficking of children for labour exploitation. Young people are being exploited in the mining and farming sector. The recent United Nations Global Report on human trafficking revealed that there is a 25% increase in children being exploited globally. The most prevalent forms of trafficking children face are forced labour, sexual exploitation and forced criminality.
More of the Humourist
Posted: 4 March, 2025 Filed under: Saniamu Ngeywa | Tags: abductions, art, cartoonists, cartoons, democracy, freedom of expression, governmental persecution, increased taxes, Kenya, lawless treatment, print media, rights of all to receive information, tools for creatively, Universal Declaration of Human Rights, violence Leave a comment
Author: Saniamu Ngeywa
LLM, University of Groningen, Netherlands
No Laughing Matter
Retrogressive times and events have taken Kenya back to an all-too-familiar phase, rendering citizens, funny guys, dissidents, and rights defenders shivering. Social media enthusiasts banter that political positions should have an undisputed requirement that the applicant must be able to take a joke, lest an exaggerated doodle puts a cartoonist in, to put it lightly, a sticky situation – governmental persecution, abductions, and lawless treatment.
African countries have, in the past, seen their artists persecuted for wordlessly conveying opinions. The pen, wielded as an instrument of resistance, has led to those in power bringing a gun to the proverbial knife fight against the satirist. Kenya, as a nation that prides itself in democracy, finds itself in an ironic position as it silences the ‘different’ opinion, hazardously blurring the line between democracy and dictatorship. The recent abduction and much-delayed release of cartoonists remind us that despite constitutional protections for freedom of expression, the political elite’s intolerance mirrors that of regimes far less free.
South Africa in African Conflict Resolution: Peacekeeper or Power Player?
Posted: 24 February, 2025 Filed under: Zekhethelo Cele | Tags: conflict resolution, conflict resolution strategy, Democratic Republic of Congo, extrajudicial killings, high unemployment rates, humanitarian aid, instability, M23 crisis, mass displacement, negotiations, regional peacekeeping, SANDF soldiers, self-interest, South African troops, stabilising force, United Nations (UN) peacekeeping missions, vulnerable populations 2 Comments
Author: Zekhethelo Cele
Initiative for Strategic Litigation in Africa
The recent deaths of South African troops in the Democratic Republic of Congo have reignited debates about the country’s role in regional peacekeeping and conflict resolution. As a key player in African diplomacy, South Africa has historically positioned itself as a stabilising force on the continent. However, the risks and costs associated with its involvement in conflicts such as that in the DRC raises a pertinent question: Is South Africa a genuine peacekeeper, or is it acting out of political and economic self-interest?
The violation of fair trial rights: Analysing summary executions of the alleged RSF collaborators by the Sudanese Armed Forces
Posted: 21 February, 2025 Filed under: Razan E H Ali | Tags: armed conflicts, bridge throwing, cruel treatment, diplomatic tensions, extrajudicial killings, Geneva Conventions, human rights violations, humanitarian assistance, humiliating treatment, international human rights law, International Humanitarian Law, maiming, retaliatory violence, Sudan, Sudanese Armed Forces, Sudanese domestic law, Sudanese refugees, summary executions, throat slitting, Wad Madani 1 Comment
Author: Razan Ali
Centre for Human Rights, University of Pretoria
The recapture of Wad Madani, the capital city of Al Jazeera state, by the Sudanese Armed Forces (SAF) in January 2025 after 11 months of the Rapid Support Forces (RSF) control initially sparked celebrations among Sudanese people both domestically and in the diaspora.[1] However, these celebrations were quickly overshadowed by the widespread circulation of videos documenting SAF members conducting summary executions of civilians through methods including throat slitting, bridge throwing, and shooting.[2]
These human rights violations extended beyond Sudanese nationals to include South Sudanese citizens, triggering diplomatic tensions and retaliatory violence against Sudanese refugees in Juba, the capital of South Sudan.[3] Some supporters attempted to justify these killings by claiming the victims were RSF collaborators, despite the fact that the civilian population had been under siege for over a year, making interaction with RSF forces virtually unavoidable for survival.[4]
This article examines the legality of these extrajudicial killings through the lens of three legal frameworks: international humanitarian law, international human rights law, and Sudanese domestic law.
Nigeria’s African Charter Act: The Question of the National Assembly’s Exclusive Legislative Competence to Enact for the Nigerian Federation
Posted: 17 February, 2025 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: 1999 Constitution, Abacha v Fawehinmi, African Charter Act, Houses of Assembly, human rights, legislative powers, National Assembly, Nigeria, Nigerian constitutions, peoples’ rights, public institutions, socio-economic rights 1 Comment
Author: Oluwatosin Senami Adegun
Centre for Human Rights, University of Pretoria
Introduction
By section 12(1) of the Constitution of the Federal Republic of Nigeria of 1999 (1999 Constitution), for a treaty to which Nigeria is a party to have the force of law in Nigeria, the National Assembly must enact such treaty into law. This was the same provision under the Constitution of the Federal Republic of Nigeria of 1979 (1979 Constitution) which was the Constitution in force in 1983 when the National Assembly domesticated the African Charter on Human and Peoples’ Rights by enacting the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983 (African Charter Act). Section 12 of the 1979 Constitution is the same under the 1999 Constitution. For the purpose of this article, more references will be made to the 1979 Constitution being the Constitution in force when the African Charter Act was enacted.
Realising Transformative Institutional Reforms via Civil Society
Posted: 11 February, 2025 Filed under: Andrew Songa | Tags: advocacy for reforms, African Union Transitional Justice Policy, civil society, democratic transformation, divisions, human rights violations, inequalities, institutional reforms, National Council for Administration of Justice, past violations, public opinion, public pressure, public symposiums, reform processes, socio-economic transformation, Transformative Institutional Reforms, Transitional Justice 1 CommentAuthor: Andrew Songa
Strategic Advisor, Alt Advisory
If institutional reforms are meant to positively and fundamentally transform our state structures and society, then civil society must play a key role in developing, implementing and monitoring them. In defining transitional justice as policy measures and mechanisms that are implemented to overcome past violations, divisions and inequalities, the African Union Transitional Justice Policy emphasises that these measures should enable the forward-looking goals of democratic and socio-economic transformation. A key measure that underpins this transformative potential of transitional justice is institutional reforms. This is because, if properly designed and implemented, institutional reforms transcend temporary or symbolic measures. They address past violations by introducing state institutions that are competent, ethical, independent, accessible, well-resourced and a reflection of the communities they serve.
Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
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Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
AfricLaw 