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Vol 23 No 3 March/April 2018

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Promoting Accountability for Gross Human Rights Violations in Africa under International Law: Essays in Honour of Prosecutor Hassan Bubacar Jallow

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Edited by: Charles Chernor Jalloh, Alhagi B.M; Marong

ISBN13: 9789004271746
Published: July 2015
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £164.00

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Promoting Accountability for Gross Human Rights Violations in Africa under International Law is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), dedicated exclusively to challenging impunity for serious international crimes committed in Africa. Co-edited by Charles C. Jalloh and Alhagi B.M. Marong, both of whom previously worked at the ICTR, 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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Human Rights and Civil Liberties
Foreword – Sir Dawda Jawara
Foreword – Judge Navi Pillay
Preface and Acknowledgments
Biographical Summary (About Hassan Bubacar Jallow)
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. A Tribute to Justice Hassan B. Jallow: The Legacy of International and Hybrid Courts – Are Human Rights More Respected? - 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 – Frederic Megret and Siena Antsis

Part 5: Gender-Based Crimes under International Criminal Law
16. The newly developed Policy Paper on Sexual and Gender-based Crimes of the Office of the Prosecutor of the International Criminal Court – Fatou Bensouda
17. Challenging Impunity for Crimes of Sexual Violence: The Efforts of Prosecutor Jallow to set the Record Straight – Linda Bianchi
18. Justice Hassan Bubacar Jallow and Gender Justice in International Criminal Prosecutions – George Mugwanya

Part 6: Concurrent Jurisdiction between National and International Courts
19. Transfer of Cases under the Jurisprudence of the ICTR and Lessons Learnt for the ICC – Alhagi Marong and Charles Chernor Jalloh
20. Justice Hassan Jallow’s Contribution to International Criminal Justice: An OTP Perspective – Alex Obote-Odora
21. Monitoring and Referral of Cases between Jurisdictions: An ICTR Contribution to Best Practice – Joanna Harrington

Part 7: International Law, Human Rights and Governance
22. Justice for the United Nations: A Quiet Revolution? – Geoffrey Robertson
23. 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
24. From Coup Reaction to Coup Prevention – Christopher Waters
25. International Criminal Law and Refugee Law: Lessons Learned – Joseph Rikhof
26. African Languages in International Criminal Justice: The ICTR and Beyond – Leigh Swigart