Dealing with International Crimes in Africa: When are Indigenous Justice Systems Better Than Criminal Trials?

Author: Sungi, Simeon
Year:2015
Pages:240
ISBN:1-4955-0276-7
978-1-4955-0276-7
Price:179.95
This book considers an expanded role for criminology in the study of collective violence that resulted in international crimes against humanity committed by collectivities on a communal basis. If the goal of the international criminal justice system is to foster peace and reconciliation in the aftermath of crimes against humanity, what victims of these crimes perceive as justice should trump other considerations. Dr. Sungi exposes the weakness of Western-based international adjudication in this process and provides indigenous justice alternatives as a response.

Reviews

“Dr. Sungi argues for consideration of indigenous alternatives to formal criminal justice across Africa to a new level…[he] introduces to researchers and practitioners alike the issue of whether indigenous justice might supplant prosecutions for international crimes.” -Dr. Hal Pepinsky, Professor Emeritus Criminal Justice Indiana University, Bloomington “This timely work by Simeon Sungi is a fascinating and scholarly examination from an accomplished lawyer in this field, who demonstrates his analysis in an accessible fashion. His premise is quite simply that “trial justice” as it stands now, is unable or at best limited, to prosecute a majority of individuals alleged to have committed international crimes because courts just do not have an infrastructure to do so.”
-Dr. Glen Reynolds,
University Sunderland, UK


“…he identifies a weakness in Western-based international adjudication as a response to crimes against humanity, because some of the crimes are committed collectively or communally…the author has demonstrated other avenues which could be used to address cases of crimes against humanity.”
-Dr. Kioko Ireri,
United States International University – Africa


Table of Contents

Abstract / Foreword / Preface / Acknowledgements/ List of Abbreviations
Chapter 1: HISTORICAL BACKGROUND
Introduction
Statement of the Problem
Purpose of the Study
Significance of the Study
Methodology
-Sources of data
-Case Selection
Limitations of Study
Roadmap
Chapter 2: THE CONFLICT IN NORTHERN UGANDA
Introduction
Historical Sources
-Political sources
-International component
Conclusion
Chapter 3: THE ACHOLI JUSTICE SYSTEM
Introduction
Acholi justice system (mato oput)
Mediation and Procedure
Mato Oput in action: Palenga v. Paluo
Conclusion
Chapter 4: THE ICC AND UGANDA ALTERNATIVES TO THE ICC
Introduction
Crimes under the ICC jurisdiction
-Genocide
-Crimes against Humanity
-War Crimes
-Crime of Aggression
Principle of Complementarity
Alternatives to the ICC Intervention
-Juba Talks
-The Ugandan Situation
Conclusion
Chapter 5: INTERNATIONAL CRIMINAL TRIALS
Introduction
Political Trials
Pedagogical Trials
-ICTR
-SCSL
Limitations of International Criminal Trials
Conclusion
Chapter 6: ALTERNATIVES TO TRIAL JUSTICE
Introduction
South African Truth and Reconciliation Commission
Sierra Leone Truth and Reconciliation Commission
Gacaca system
Conclusion
Chapter 7: THE CRIMINOLOGY OF INTERNATIONAL CRIMES
Introduction
Political and Economical Explanations
Sociological Explanations
Psychological Explanations
Socio-cultural Explanations
Anthropological and Social Construct Explanations
Evolution and Influence of International Norms
Interdisciplinary Theory of International Crimes
Conclusion
Chapter 8 : CONCLUSION
Recommandations
Bibliography
Cases cited
Index