Dissertations (Masters)

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    An assessment of the law on the use of force under the UN charter in curbing terrorism
    (Mzumbe University, 2011) Marwa, Charles W.
    The dissertation assess the law on the use of force under the UN Charter in curbing terrorism in particular. The main question addressed is whether the UN Charter contains provisions to curb terrorism as well as exploring the UNSC Resolutions to that effect. It also assesses the lawfulness of the use of force against terrorism as practices by the US and its allies. It further focuses not only on this specific use of force, but also on the changing nature of conflict, definition of terrorism and on the historical evolution of limitations on the use of force, from 1945 until to date. In the five Chapters which traces the timeline development of international law and use of force in curbing terrorism, limitations on the resort to force in particular to combat terrorism, the use of force in self defense, preemptive self defense, the use of forcible measures short of war, and the use of force in response to non-state actors. Also the study discusses the UNC from its inception, including its relevant provisions which do not provide a conclusive answer, or contain any provision that deal specifically with prohibition of terrorism. The trend shows that in the course of the last two decades, the Charter regime has been re-adjusted so as to permit forcible responses to terrorism under more lenient conditions. The Charter permits two kinds of forcible measures that are; collective responses and self-defense. Hence there is significant doubt as to lawfulness of using force by states against terrorism by other means save for SC authorization. Furthermore, the study major findings and recommendation challenges the common assumption that the use of force against terrorism was an example of states exercising their inherent right to self defense, it argues that if this particular use of force is not challenged, it will lead to expansion of right of self-defense which will hinder rather than enhance international peace and security. Finally, this study draws on recent examples to illustrate the use of force against terrorism could become a dangerous
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    Amnesty and peace agreements as alternative means to prosecution in international law: a critical analysis of African experience
    (Mzumbe University, 2014) Samson, Lameck
    Since the mid 1970s, at least 14 states on fours continents have declared amnesty, or enacted amnesty laws immunizing past regimes from accountability and liability.1 Packaged into post-conflict peace agreements, amnesties are ceded by war-weary parties and often endorsed by an international community keen for peace. The aim of this dissertation was to explore African States‟ practice in introducing amnesty laws packaged into post-conflict peace agreements, to perpetrators of atrocities. In so doing, it starts by asking the following questions; are there certain general patterns that should be followed in making the choices that will guide the transitional justice process? And what condition should be followed? Can negotiations with the main perpetrators of large-scale human rights violations bring peace closer? The study found that a post-conflict society has a legal obligation to prosecute and punish the perpetrators, simply because retribution is exactly what most victims of past atrocities want. And indeed, it serves to heal their wounds and to restore their self-confidence because it publicly acknowledges who was right and who was wrong and, hence, clears the victims of any labels of „criminal‟ that were placed on them by the authorities of the past or, indeed, by rebel groups or the new elites. However, it is prudence to consider whether punishment is the appropriate response in any and every context. In fact that at the end of a period of violent repression calls for rebuilding the political machinery and the civil service, security, disarming rebel movements, reorganizing the army, rebuilding infrastructure, establishing a non-partisan judiciary, healing the victims, repairing the damage inflicted on them. These cannot be achieved by prosecuting perpetrators because prosecutions are unlikely to further tasks of national forgiveness and, thus, future peace. Therefore, having found that the researcher examining the possibility of employing Article 53, 17 and 16 of the Rome Statute that seems to allow amnesties to operate. Finally, the study recommends the application of multiple legal mechanisms to bring about accountability and reconciliation in post-conflict transitional societies.