Ogiek: The African Court of Human and Peoples’ Rights first decision on indigenous rights
May 28, 2017
This past Friday, 26 May 2017, the African Court of Human and Peoples’ Rights handed down its first judgement on the rights of indigenous peoples in the matter of African Commission of Human and Peoples’ Rights v The Republic of Kenya (the Ogiek case). The case concerns the Ogiek people, an indigenous community of about 20 000 people who live in the Mau Forest in the central Rift Valley in Kenya. In 2009, officials from the Kenyan Forest Service served an eviction notice on the community and other settlers requiring them to leave the forest within 30 days. The notice was issued on the grounds that the forest constitutes a reserve water catchment zone and that the land is state property. The Ogiek people argued that the decision to evict was taken without regard to the importance of the forest to the community and to their survival, and without any consultation with the community, in violation of the State’s obligations under the African Charter of Human and Peoples’ Rights.
Van der Linden: The Acquisition of Africa (1870-1914): The Nature of International Law
Source: International Law Reporter
October 20, 2016.
By Mieke van der Linden
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Regional or International Criminal Justice in Africa: The International Criminal Court and Africa Which Way Forward?
Matiangai V. S. Sirleaf
University of Pennsylvania Law School
July 15, 2013
The most common criticisms leveled against the International Criminal Court (ICC) center on the relationship between the United Nations Security Council (UNSC) and the ICC. There are charges that the Court’s exercise of its jurisdiction has contributed to “neo-imperialism,” as the Court is perceived as just another tool used by the West to control Africa. There is also the common perception that the ICC promotes “selective justice,” ignoring blatant human rights violations perpetrated by powerful nations that have permanent membership on the UNSC or their allies.
Underneath the current system the faces of international criminality and individuals deserving of universal opprobrium is overwhelmingly black or brown. All of the above has led to increased skepticism about the ICC and its activities from the African Union (AU) and others, culminating with the AU’s decision not to cooperate with the ICC in its investigations and prosecutions. Because all the Court’s cases are from the Continent, and the Court is completely dependent on member states for enforcement of its decisions, the current strained relationship between the AU and the ICC is potentially deeply problematic for the larger project of international criminal justice. Leer el resto de esta entrada »
The Proposed International Criminal Chamber Section of the African Court of Justice and Human Rights: A Legal Analysis
Martin Walela Matasi, University of New England (Australia)
Jürgen Bröhmer, Murdoch University
March 20, 2013
The proposed international criminal section, though a novel idea in the regionalisation of international criminal law, its timing is suspect. Suspect because the said section only comes at a time when the International Criminal Court (ICC) has set upon Africa as its focal point in dealing with war crimes, crimes against humanity and other international crimes stipulated in the Rome Statute. This article attempts an analysis regarding the amendments proposed in the Protocol establishing the African Court of Justice and Human Rights relating to the international criminal chamber.
Source: Social Science Research Network