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Full-Text Articles in Law
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution. , Jackson N. Maogoto
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution. , Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …
“Now You See, Now You Don’T: The Duty Of The State To Investigate And Prosecute ‘Disappearances And Extra Judicial Executions, Jackson N. Maogoto
“Now You See, Now You Don’T: The Duty Of The State To Investigate And Prosecute ‘Disappearances And Extra Judicial Executions, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This article sets out to explore the duty of a state to punish “disappearances” and extra-judicial executions. Section II will introduce generally the spectre of forced “disappearances” and extra-judicial executions as conceived by Hitler (arguably the architect of the institutionalisation of this atrocious practice by the state) and outline a brief commentary on the scourge. Section III will define “disappearances” and extra-judicial executions. It will further discuss the attractiveness of this form of human rights violation as an instrument of governmental policy to states. Section IV will discuss developed principles of international law, both customary and conventional, that outlaw “disappearances” …
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Aggression: Supreme International Offence Still In Search Of Definition, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The consequence of the state of lawlessness that permitted States to wage war even on flimsy reasons was not fully appreciated until World War I when primitive barbarism and modern technology came together to result in enormous bloodshed and massive atrocities. The deep impression on public opinion opened the door to vigorous condemnation of aggression and a move at the international level to outlaw it. Though aggression continues to pose one of the greatest threats in the efforts to create a peaceful and stable world public order, the definition of aggression steeped as it is in political and legal quagmire …