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A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki
A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki
Jackson Nyamuya Maogoto
This Article uses the Darfur Crisis in Sudan as a case study. It argues that rather than eliminating sovereignty as a political ideology, a more productive enterprise would be to refocus the discourse away from the traditional structural understanding of the term, which only serves to accentuate the level of discrepancy between the theological and the political definitions of the term and which ultimately leaves the false impression that absolute sovereignty is somehow realizable in the international political sphere. This refocus would constitute a shift toward a functional conception of sovereignty, wherein the purpose that State sovereignty would serve in …
The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto
The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages of history. The Rwandan genocide merits distinction primarily because of its shocking efficiency, its scale and its proportional dimensions among the victim population. The Security Council's resolution establishing the ICTR articulates a set of decisions, assumptions, wishes, and objectives. Primarily, the States that voted in favour of the creation of the ICTR indicated that the root of the problem was individual violations of international criminal law. Only one State that voted for the resolution did not equate ipso facto ICTR actions with justice. That State …