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See detailResponsibility for Property and Assets Frozen or Seized by States Upon Request by the International Criminal Court
Owiso, Owiso UL

Scientific Conference (2021, June 10)

Article 57(3)(e) of the Rome Statute of the International Criminal Court empowers the International Criminal Court to ‘seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take ... [more ▼]

Article 57(3)(e) of the Rome Statute of the International Criminal Court empowers the International Criminal Court to ‘seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims’ while Article 93(1)(k) imposes an obligation on state parties to the statute to provide assistance to the Court in the ‘identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture’. However, the Court does not yet have sufficient jurisprudence to flesh out the conceptual and practical boundaries of these provisions, including the question of responsibility for the management of the frozen or seized property and assets. If the Court’s very limited relevant jurisprudence is anything to go by, it is urgently necessary to interrogate these provisions and their practical application, as these questions lie at the very core of the Court’s integrity and credibility. This is especially so as the Court seeks to expand its practical reach beyond (mainly indigent) non-state actors to state actors, a situation that is likely to call more attention to the Court’s powers and responsibilities specifically relating to Articles 57(3)(e) and 93(1)(k). This article interrogates the Court’s powers under Article 57(3)(e) and the extent of obligations of the Court and state parties arising from Article 93(1)(k), and the possible implications for the rights of accused persons, the rights and expectations of victims and for state cooperation. [less ▲]

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See detailSeeking 'truth' after devastating, multi-layered conflict: The complex case of transitional justice in South Sudan
Owiso, Owiso UL

in Journal of International Humanitarian Legal Studies (2021)

In August 2015, the Government of South Sudan and other parties to the country’s civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan ... [more ▼]

In August 2015, the Government of South Sudan and other parties to the country’s civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, aimed at ending the civil conflict that broke out on 15 December 2013. After this agreement failed to hold, South Sudan descended into a second wave of civil conflict. A recommitment to the agreement was secured through regional efforts on 12 September 2018. Dubbed the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, the agreement provides a transitional justice architecture which includes a truth commission, a hybrid court and a reparations authority. This paper examines the potential of the proposed Commission for Truth, Reconciliation and Healing to contribute towards sustainable transitional justice solutions in South Sudan, based on contemporary standards and practice of transitional justice. Through historical, descriptive and analytical approaches, the paper grapples with South Sudan’s complex truth-seeking journey following years of multi-layered conflict. [less ▲]

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See detailIntroducing aspects of transformative justice to the International Criminal Court through plea negotiation
Oyugi, Phoebe; Owiso, Owiso UL

in Fraser, Julie; Leyh, Brianne McGonigle (Eds.) Intersections of law and culture at the International Criminal Court (2020)

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See detailInternational Law and the Protection of Children Associated with Armed Forces and Armed Groups: Reconciling Normative Standards on Recruitment and Participation
Owiso, Owiso UL

in Journal of International Law of Peace and Armed Conflict (2020), 3-4(2), 248-260

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See detailSouth Africa’s incomplete transition towards socio-economic justice: A case study on inequality and populism
Owiso, Owiso UL; Boshoff, Elsabé

E-print/Working paper (2020)

South Africa is currently one of the world’s most unequal countries, with massive income inequality, millions of people living in poverty without access to basic services and amenities, unemployment rates ... [more ▼]

South Africa is currently one of the world’s most unequal countries, with massive income inequality, millions of people living in poverty without access to basic services and amenities, unemployment rates consistently above 20% and the top 10% of the population receiving two thirds of the total income. Government economic policies on poverty reduction in the decades since the advent of democracy in South Africa in 1994 have been unable to eradicate the extreme racialised inequality which was the basis of the 342 years of colonialism and apartheid which were characterised by systematic dispossession and socio-economic marginalisation of South Africa’s majority Black population and the systematic privileging of the minority White population. While this history is not the primary focus of this paper, it nonetheless provides useful context. The paper’s primary focus is on the more recent normative and legal challenges of post-1994 South Africa that have resulted in further entrenching socio-economic inequality and contributing to the rise of populism. In this paper we argue that the dire living conditions of a large proportion of the population and disillusionment with the State’s ability to deliver on its promises in this regard, along with the poor implementation of social and economic rights have led to the development of a populist culture in South African politics. [less ▲]

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See detailThe International Criminal Court and Reparations: Judicial Innovation or Judicialisation of a Political Process?
Owiso, Owiso UL

in International Criminal Law Review (2019), 19(3), 505-531

The Rome Statute of the International Criminal Court bestows reparative powers upon the court, a significant development in international criminal justice. However, the court still struggles to ... [more ▼]

The Rome Statute of the International Criminal Court bestows reparative powers upon the court, a significant development in international criminal justice. However, the court still struggles to effectively exercise this mandate. This article proceeds on the assumption that reparations for mass atrocities are best handled through domestic political processes rather than international criminal justice processes. The article interrogates the effectiveness of the court’s reparative powers by testing them as against the court’s practice, specifically in the Lubanga, Katanga and Al-Mahdi cases. The article concludes that despite noble intentions, practical realities and difficulties make doubtful the court’s suitability as a reparative forum for mass atrocities. Nevertheless, in the absence of a more suitable alternative for effective and meaningful reparations, the article proposes policy reforms to achieve robust reparative complementarity between the court and transitional states, and complementarity between the court’s reparative mandate and the Trust Fund for Victims’ assistance mandate. [less ▲]

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See detailThe proposed Hybrid Court for South Sudan: Moving South Sudan and the African Union to action against impunity
Owiso, Owiso UL

in African Journal on Conflict Resolution (2018), 18(2), 87-113

The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the ... [more ▼]

The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the African Union. The article is an extract from the author’s 2016 LL.M. dissertation submitted to the University of Pretoria. It critically examines the salient features of the proposed court with the aim of testing the court’s ability to effectively address historical grievances and injustices in South Sudan. In so doing, the article draws lessons from similar mechanisms in Africa and beyond. It also interrogates the role of the African Union and South Sudan in operationalising this court. It reveals strengths as well as weaknesses in the proposed design of the court as well as in the ability of the African Union and South Sudan to fulfil their obligations. Despite these weaknesses, the article argues that by harnessing the strengths identified and learning from lessons from across the continent, the African Union (AU) and South Sudan can overcome the anticipated challenges and operationalise a hybrid court which will effectively deliver sustainable justice to the victims of international crimes committed during the South Sudan civil war. [less ▲]

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See detailActualising women’s participation in politics and governance in Africa: The case of Kenya and Ghana
Owiso, Owiso UL; Sefah, Bright

in African Human Rights Yearbook (2017), 1

Almost two decades into the 21st century, women are still not accorded a place of prominence in politics and governance, particularly in Africa. Using the examples of Kenya and Ghana, this article ... [more ▼]

Almost two decades into the 21st century, women are still not accorded a place of prominence in politics and governance, particularly in Africa. Using the examples of Kenya and Ghana, this article undertakes a critical analysis of the implementation of women’s right to participation in political and decision-making processes in Africa with a view to highlighting progress made, challenges faced and possible solutions to these challenges. Women’s right to participation in political life is enshrined in article 9 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol). The article argues that while some progress has been made towards implementing the above right, much more still needs to be done to achieve effective and transformative participation by women. The progress revealed is mainly in the domestication by national laws of the relevant international obligations. However, the article also notes a significant disconnect between the normative framework and actual participation of women. The two case studies expose an unimpressive lack of political will and persistent societal perceptions, together contributing to the failure to move beyond codification of laws to improvements in actual practice. With lessons learnt from these two countries, this article argues for collaborative effort among African countries to promote genuine intra-Africa learning allowing African states to share experiences, consolidate gains and innovate around common challenges. By so doing, African states can consolidate efforts towards breaking the current inertia and accelerate the actual implementation of article 9 of the African Women’s Rights Protocol. Overall, the article cast a spotlight on the need to refocus debates from standard-setting to actual implementation necessary to achieve transformative equality. [less ▲]

Detailed reference viewed: 86 (8 UL)