Promoting Accountability under International Law for Gross Human Rights Violations in Africa

Essays in Honour of Prosecutor Hassan Bubacar Jallow

Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.
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Biographical Note

Charles Chernor Jalloh, B.A. (Guelph) LL. B. (McGill) B.C.L (McGill) M.St. (Oxon), is an Associate Professor at Florida International University College of Law, Miami, USA and founding editor of the African Journal of Legal Studies and the African Journal of International Criminal Justice. His previous experience includes service in the Canadian Department of Justice, the Special Court for Sierra Leone and the International Criminal Tribunal for Rwanda.

Alhagi B.M. Marong, LL.B. Hons. (Sierra Leone) LL.M. (McGill) D.C.L (McGill), is a Legal Affairs Officer at the United Nations Mission in South Sudan. He has worked in, among others, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and taught at the American University of Armenia, in Yerevan.

Table of contents

Foreword by Sir Dawda Jawara; Foreword by Judge Navi Pillay; Preface and Acknowledgments; Hassan Bubacar Jallow: A Biographical Summary; Abbreviations; List of Editors and Contributors;
Part 1: Hassan Bubacar Jallow – The Man
1. Hassan Bubacar Jallow: The Man on a Journey for Justice – Chernor S. Jallow
2. Hassan Bubacar Jallow: The Man behind the Action – Murtaza Jaffer
3. Justice Hassan Bubacar Jallow’s Contribution to the Development of Law in The Gambia:The Supreme Court Years – Ousman A.S. Jammeh
4. Towards Reviving Legal Professionalism and the Need for Ethical Leadership – Aboubacar Abdullah Senghore
Part 2: The Role of the International Prosecutor
5. The Role of the International Prosecutor as a Custodian of Global Morality – Bankole Thompson
6. Selecting Cases at the International Criminal Tribunal for Rwanda – William A. Schabas
7. The Experience of the Office of the Prosecutor of the International Criminal Tribunal for Rwanda Concerning Arrest Strategies and Lessons Learnt for the Office of the Prosecutor of the International Criminal Court – Phakiso Mochochoko
Part 3: Institutional Dimensions of International Criminal Justice
8. The ICC’s Twelfth Anniversary Crisis: Growing Pains or Institutional Deficiency? – M. Cherif Bassiouni
9. Protection of Civilians against Atrocity Crimes: The Role of Regional Organizations – Adama Dieng
10. The Legacy of the International Criminal Tribunal for Rwanda – Leila N. Sadat
11. The Legacy of International and Hybrid Courts - Are Human Rights More Respected? A Tribute to Justice Hassan B. Jallow – David Tolbert and Laura A. Smith
Part 4: Substance and Process in International Criminal Justice
12. An Unbreakable Thread? The Presumption of Innocence in International Law – Karim A. A. Khan, Dato’ Shyamala Alagendra and Anand A. Shah
13. Cumulative Charges under International Criminal Law: Issues and Perspectives – Bongani Majola
14. Permissibility of Convictions for Genocide and Conspiracy to Commit Genocide in Respect of the Same Events – Roman Boed
15. The Taylor Case: Aiding and Abetting, “Special Direction” and the Possibility of Strict Liability for Remote Offenders – Frédéric Mégret and Siena Anstis
16. The Law and Politics of the Charles Taylor Case – Charles Chernor Jalloh
Part 5: Gender-Based Crimes under International Criminal Law
17. The Sexual and Gender-Based Crimes Policy Paper of the Office of the Prosecutor of the International Criminal Court – Fatou Bensouda
18. Challenging Impunity for Crimes of Sexual Violence: The Efforts of Prosecutor Jallow to set the Record Straight – Linda Bianchi
19. Justice Hassan Bubacar Jallow and Gender Justice in International Criminal Prosecutions – George Mugwanya
Part 6: Concurrent Jurisdiction between National and International Courts
20. Transfer of Cases under the Jurisprudence of the ICTR and Lessons Learnt for the ICC – Alhagi Marong and Charles Chernor Jalloh
21. Justice Hassan Jallow’s Contribution to International Criminal Justice: An OTP Perspective – Alex Obote-Odora
22. Monitoring and the Referral of Criminal Cases between Jurisdictions: An ICTR Contribution to Best Practice – Joanna Harrington
Part 7: International Law, Human Rights and Governance
23. Justice for the United Nations: A Quiet Revolution? – Geoffrey Robertson
24. Borrowing International Human Rights Law: Some Examples from the Doctrine of the Margin of Appreciation in the African Charter on Human and Peoples’ Rights – Rachel Murray
25. From Coup Reaction to Coup Prevention – Christopher Waters
26. International Criminal Law and Refugee Law: Lessons Learned – Joseph Rikhof
27. African Languages in International Criminal Justice: The International Criminal Tribunal for Rwanda and Beyond – Leigh Swigart
Index.

Readership

Judges, legal practitioners, academics, students, researchers, domestic and international policy makers, and everyone else interested in issues of international criminal justice, human rights and humanitarian law in Africa and around the world.