Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
A People Betrayed—The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto
A People Betrayed—The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Using the crisis in the Darfur region of Western Sudan as the reference for analysis, this article argues for a re-conceptualized notion of State sovereignty—one that views sovereignty not as control but as responsibility—as the starting point for designing appropriate legal and policy responses to the Darfur situation that has so far defied easy solution. The article proceeds from the assumption that while sovereign States have the primary responsibility for the protection of their people from avoidable catastrophe, this responsibility should shift to the international society whenever the State in question manifests an inability or unwillingness to protect its citizenry. …
East Timor’S Tortured March To Statehood: A Tale Of Legal Exclusion & The Vagaries Of Realpolitik, Jackson N. Maogoto
East Timor’S Tortured March To Statehood: A Tale Of Legal Exclusion & The Vagaries Of Realpolitik, Jackson N. Maogoto
Jackson Nyamuya Maogoto
In 1976, without effective local opposition, Indonesia absorbed and annexed East Timor as its twenty-seventh province, but the integration remained controversial at the international level.In the course of the next three decades and in the face of heavy-handed tactics by Indonesian forces keen to wipe out a guerrilla resistance and effectively “pacify” East Timorese battle raged killing thousands. Indonesian police forces regularly detained and tortured innocent civilians and brutally suppressed peaceful protests. Massive violence committed by Indonesian backed militia forces on East Timor increasingly hardened the international community’s support for East Timor’s independence. The turning point was the Dili Massacre …
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 Final Frontier: The Laws Of Armed Conflict And Space Warfare, Jackson N. Maogoto, Steven Freeland
The Final Frontier: The Laws Of Armed Conflict And Space Warfare, Jackson N. Maogoto, Steven Freeland
Jackson Nyamuya Maogoto
This article focuses on the application of the current laws of war to the emerging phenomenon of space weaponization and the increasing likelihood in the next few decades of space becoming a battleground. This predicament requires new ways of thinking and legal regulation, considering that the existing principles of the Laws of Armed Conflict (LOAC) are primarily focused on air, land and terrestrial warfare. This article addresses the special problems arising from applying the LOAC to space warfare. It will also analyze the significant problems posed by space assets dedicated to uses of both a civilian and military nature – …
The Superior Orders Defence: A Game Of Musical Chairs And The Jury Is Still Out, Jackson N. Maogoto
The Superior Orders Defence: A Game Of Musical Chairs And The Jury Is Still Out, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This article has as its aim an exploration of the development of the superior orders defence within both the national and international arena. It discusses the case law at both national and international levels as well as reflect on the various legal provisions as encapsulated in international instruments and national military manuals. It concludes with an overview of the military and international law paradox. On the one hand, military law tutors and soldiers are trained to comply with commands in order to ensure organisational integrity and efficiency; on the other hand, international law seems to suggest, by the tenor of …