State-sanctioned human rights violations in Kenya: countering repression with resistance
Posted: 29 August, 2025 Filed under: Edward Kahuthia Murimi | Tags: 2024 Finance Bill, arbitrary arrests, barbaric governance, CIVICUS, death while in police custody, enforced disappearances, extrajudicial killings, global alliance for civil society organisations, human rights, human rights violations, Kenya, Kenya’s Constitution, Multinational Security Support mission to Haiti, President Ruto, protesters, public policy, Rex Masai, right of peaceful assembly, right to life, rule of law, the right to freedom of expression, watchlist, widespread human rights abuses Leave a comment
Author: Edward Kahuthia Murimi
Advocate of the High Court of Kenya
Introduction
Kenya’s human rights situation has deteriorated in the recent past, and the state-sponsored human rights violations in the country can no longer be ignored. The global alliance for civil society organisations, CIVICUS, has recently added Kenya to its watchlist and rated the country as ‘repressed’ following what the organisation described as ‘a disturbing escalation in state-led repression of civic freedoms’. This article aims to shine a light on escalating human rights violations in Kenya in the hope that an international readership will inform some form of restraint by the authorities. It also highlights the disconnect between Kenya’s theoretical commitments to international human rights norms and processes and the blatant disregard for these same norms in practice. It argues that deliberate resistance is the most realistic response to the current onslaught on the exercise of human rights by President Ruto’s government.
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.
Judicial Independence and Transitional Justice in Cameroon: A Pathway to Sustainable Peace in the ongoing Anglophone Crisis
Posted: 10 May, 2023 Filed under: Bobuin Jr Valery Gemandze Oben | Tags: African Union’s Transitional Justice Policy, Anglophone crisis, Cameroon, conflict, constitutional enactment, constitutionalism, corruption, extrajudicial killings, inadequate resources, independence, judicial independence, OHCHR, orced disappearances, political interference, reconciliation, socio-economic transformation, sustainable peace, transformative constitutionalism, Transitional Justice 1 Comment
Author: Bobuin Jr Valery Gemandze Oben
Advocacy Specialist, Centre for the Study of Violence and Reconciliation
Introduction
Since 2017 Cameroon has been faced with a separatist insurrection widely referred to as—the Anglophone crisis. It has had devastating effects on the country, and over its bloody course, has been considered the most neglected conflict in the world, with thousands of lives lost and about a million others displaced. Transitional justice tools can provide a pathway for addressing the underlying causes of the conflict and promoting reconciliation and sustainable peace. The OHCHR defines it as, ‘‘the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past conflict, repression, violations and abuses, in order to ensure accountability, serve justice and achieve reconciliation’’. While in the African context, the African Union’s Transitional Justice Policy (AUTJP) defines it as ‘‘the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation’’. However, as would be subsequently seen, the success of these measures is largely dependent on the independence of the judiciary.
South Africa apartheid lawsuit – The end of the epopee?
Posted: 14 October, 2013 Filed under: Marek Jan Wasinski | Tags: Alien Tort Statute, apartheid, customary international law, extrajudicial killings, extraterritorial jurisdiction, Filartiga v Penalrala, injustices, international human rights, Khulumani, Kiobel v Royal Dutch Petroleum Co, Nigeria, South Africa, Truth and Reconciliation Commission, United States of America 2 Comments
Author: Marek Jan Wasinski
Assistant Professor and Chair of Public International Law and International Relations – Faculty of Law and Administration, University of Lodz, Poland
On 21 August 2013, the 2nd United States (US) Circuit Court of Appeal reached a decision on a decade long putative class action suits brought on behalf of individuals harmed by the South African apartheid regime. The suits were originally initiated by two groups of plaintiffs, the Balintulo (or Khulumani plaintiffs) and the Ntsebeza plaintiffs against corporate defendants (namely: Daimler, Ford, and IBM). Plaintiffs asserted that the South African subsidiary companies of the defendants aided and abetted violations of customary international law committed by the (then) South African government. It was claimed inter alia that subsidiary companies had sold cars and computers to the South African government, thus facilitating race-based depredations and injustices, including rape, torture, and extrajudicial killings. A legal basis for the US court’s jurisdiction was the Alien Tort Statute (ATS), a famous part of the Judiciary Act of 1789, conferring federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States”. The ATS remained dormant nearly for two centuries until it spectacularly entered the stage before 2nd US Circuit Court of Appeal in a Filartiga v Pena-Irala wherein Paraguay citizens were allowed to sue a former Paraguayan police officer allegedly involved in an extrajudicial killing of a Paraguayan dissident’s son in Paraguay. The decision in Filartiga led to a dramatic rise in international human rights litigation in US courts, involving not only suits against private individuals but also against corporate entities for aiding and abetting violations of the law of nations. There were instances of such litigations ending with profitable settlements. For example, in Abdullahi v Pfizer Inc., Pfizer has reportedly agreed to pay $75 million as compensation for illegal clinical trials in Nigeria. Similarly in Wiwa v Shell Oil Co., faced with claims of complicity in murder, torture, and other crimes related to oil production in the Niger Delta, the Shell provided $15.5 million as compensation to those affected.
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