Overcoming blanket immunity in national constitutions: Cameroon and the principle of universal jurisdiction
Overcoming blanket immunity in national constitutions: Cameroon and the principle of universal jurisdiction Author: Eric NGONJI NJUNGWE Originally Published at Peace and Conflict Monitor on: 12/05/2008 Category: Analysis II 1. Introduction The adoption by the United Nations (UN) General Assembly of the Universal Declaration of Human Rights (UDHR) on 10 December 1948[1] has been pivotal […]
Hopes and Challenges Facing Emerging Democracies in Africa and Asia
The best hope for a peaceful world where fundamental human
rights are respected is for democracy to ultimately triumph in fractured societies. However, for that to happen, certain
preconditions must be established including the rule of law, an independent judiciary and
media, a culture that begins to ferociously resists corruption and the
establishment of truly independent organs of government that can ensure a fair democratic processes.
Macedonia’s Road to the European Union
Macedonia in hopes of EU membership finds solutions to overcome a war struck past and the divide of nationalism. Our two authors contemplate the country’s “peace plan” and greatest motivation for political and economic harmony – EU integration.
Is the overseas deployment of Japan’s Self-Defense Force (SDF) illegal? Rethinking the Japanese contribution to international peace and security
Noriko Hashimoto discusses the legal and political arguments around the deployment of Japan’s self defense forces (SDF) for overseas missions, going beyond the constitutional debate to question the broader concept of national contributions to international society.
Kenya’s New Constitution
In the following article, John Onyando comments on the new constitution in Kenya. He argues, “Overwhelming endorsement for the new constitution could be a major turning point. But only if an ambitious long-term process made by the people for the people can protect itself from sectarianisms old and new.”
World Peace through Law: Rethinking an Old Theory
James Ranney discusses the potential of law to bring about world peace, without submitting the world to a “global government” as such, but through the creation of a UN Peace Force to enforce the decisions of global courts, promote the abolition of nuclear arms, and generally create an atmosphere of global “justice” so that peace may prevail.
The Creation of the International Commission against Impunity in Guatemala: Miscalculation by a ‘Corporate Mafia State’?
This paper traces the development of the International Commission against Impunity in Guatemala (CICIG). A UN affiliated hybrid International-National quasi-judicial entity, CICIG was mandated to help investigate and prosecute organized crime groups in Guatemala and was heralded as an important step forward in the fight against impunity. This paper explores the often heard narrative that human rights groups successfully convinced first the Portillo administration and then the Berger government to agree to support CICIG, and analyzes alternative rationales. The paper suggests that the Portillo government sought to derive short term benefits from supporting the agreement but may have miscalculated in its assessment of long term risks. The Berger administration clearly derived benefits from the agreement, including the reinstatement of certain US military aid, as did the Colom administration. The paper also suggests that despite its mandate to strengthen national investigations and the judiciary system, some of CICIG’s greatest successes were achieved through public actions and the eventual resignation of the founding Commissioner Castresana. The paper concludes that even though CICIG’s institutional reform efforts have been piecemeal, they are significant nonetheless.
We All Look Alike, But We Are Not the Same: The Root Cause of the Conflict in Sri Lanka
UPeace Asia Leaders Fellow Aingkaran analyzes the conflict in Sri Lanka within the framework of the relationship between political power and modern ethnic identities.
Colombia’s Peace Communities
The author argues that if more and more communities in Colombia followed the path of protesting peacefully against the brutal and aggravating conflict, the Comunidades de Paz could well constitute a bottom-up way to peace in a political setting where top-down approaches such as leadership declarations and negotiations have continuously failed. Non-violent protest, however, takes enormous courage.
Ecuador and the Rights of Indigenous Peoples
Ecuador has long championed the struggle against colonialism and criticized exploitative neoliberal policies in Latin America, however, the government’s continued support of resource extraction on Indigenous lands have led them to repress legitimate protest movements, and to violate key legal documents including the UN Declaration on the Rights of Indigenous Peoples, and the country’s own constitution.