The Protection Of Human Rights In African Criminal Proceedings

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The Protection of Human Rights in African Criminal Proceedings

This book contains a collection of articles by authors from countries in Africa. The topics cover a wide range of issues in the administration of criminal justice and human rights. The different scholarly contributions facilitate a better understanding of certain aspects of the administration of criminal justice in the African sub-region and focus on specific human rights issues as they relate to international and African instruments on the protection of human rights.
The African Criminal Court

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Beyond Virtue and Vice

Author: Alice M. Miller
language: en
Publisher: University of Pennsylvania Press
Release Date: 2019-02-22
Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.