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The methodology by which transitional justice strategies ought to be incorporated into the International Criminal Court frameworkSiang'andu, Twaambo Ellah Mapenzi 01 September 2016 (has links)
This research seeks to establish a methodology by which transitional justice strategies ought to be incorporated within the International Criminal Court (ICC) framework. The study is based on the situation in Uganda as an example of the state that has a situation and cases before the ICC. The aim of the thesis was achieved through the adoption of a combination of theoretical legal research and the non -doctrinal approaches.
This research establishes that the primary responsibility to prosecute persons suspected of violating international law lies with the states. The importance of the concept of individual criminal responsibility, the idea that every person suspected of committing the most serious offences must be held accountable regardless of status. The principle of individual criminal responsibility is further developed with the creation of the ICC.
This research clarifies that there are limitations in terms of what prosecutions can achieve during transitional periods; further, that trials in the ICC and national courts can be undertaken together with proceedings of the Truth and Reconciliation Commissions or indigenous mechasims. Such an approach will allow for confines of prosecutions to be addressed.
Despite the existence of principles and institutional framework that are intended to ensure individuals are held accountable for the most serious offences of international concern, the majority of individuals are not held accountable. In order for the ICC to operate effectively it would need to seek to go beyond deterrence and retribution. This would require post – conflict states to devise transitional arrangements that compel with the ICC structure.
Thus the research recommends that it would be better for judicial and non- judicial measures to be adopted in states that have cases before the ICC. Particularly Uganda must adopt the mato oput method formally as a tool to address the past human rights abuses in Uganda. All persons regardless of whether they have been granted amnesty or not must be held accountable under the mato oput measures. This implies all persons with exception to those that the ICC has issued the warrants of arrest against. / Public, Constitutional and International Law / LL. D.
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Teacher participation in site-based management in schools: a case studyKhoza, Shonaphi Fanecky 30 November 2004 (has links)
Site-based management (SBM) is recent restructuring initiative in schools. The study is carried out with the aim of investigating the extent to which teachers participate in site-based management in schools. The researcher assumes that teachers are sidelined in site-based management in schools. An extensive literature review provides a theoretical foundation of the study and exposes the nature of site-based management. The qualitative approach is used in the case study. Data are collected through interviews that were conducted between July and September 2004. The interpretive paradigm is used in data collection, analysis and interpretation.
The collected data are analysed through inductive analysis. The major research finding is that teachers are marginalised in site-based management in schools and that school-based decision making is still largely in the hands of school principals. It is recommended that principals and SMT's improve their management and leadership styles in order to allow for real participation of teachers in decision-making to take place. / Educational Studies / M.Ed (Education Management)
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Teacher participation in site-based management in schools: a case studyKhoza, Shonaphi Fanecky 30 November 2004 (has links)
Site-based management (SBM) is recent restructuring initiative in schools. The study is carried out with the aim of investigating the extent to which teachers participate in site-based management in schools. The researcher assumes that teachers are sidelined in site-based management in schools. An extensive literature review provides a theoretical foundation of the study and exposes the nature of site-based management. The qualitative approach is used in the case study. Data are collected through interviews that were conducted between July and September 2004. The interpretive paradigm is used in data collection, analysis and interpretation.
The collected data are analysed through inductive analysis. The major research finding is that teachers are marginalised in site-based management in schools and that school-based decision making is still largely in the hands of school principals. It is recommended that principals and SMT's improve their management and leadership styles in order to allow for real participation of teachers in decision-making to take place. / Educational Studies / M.Ed (Education Management)
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