<p>Kenya&rsquo / s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper&nbsp / evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual&nbsp / background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.<br /> <br /> &nbsp / </p>

My journey in writing this dissertation has been both intellectually and emotionally challenging keeping in mind firstly that I am a male scholar (an “outsider”) responding to issues related to maleness, the abuse and oppression of women. Secondly, that I have a personal “sacred story” of the effects of abuse and violence in the home where I grew up; and thirdly, that am strongly a conservative evangelical by faith. However, these three aspects interplay in contributing to my motivation of seeking for a mended world especially for professing Christian women within the evangelical context. The focus of this study is: Examining the social, religious and cultural discourses on “maleness” and its possible influence on domestic violence in South Africa: A critique of some expressions of evangelical theology. The study argues that the predominant social, religious and cultural discourses portray some expressions of evangelical theology. It maintains that our distorted perceptions of God (how we have imagined God as “male”)—hence maleness, has influenced male paradigm of domination among partners. As a result, this has possibly influenced and contributed to domestic violence (DV), abuse and oppression of women within some evangelical context in South Africa. Hence, the prevalence of abuse and oppression of women in the evangelical context, the battle for the humanity and dignity of women as human beings created in God’s image and that female and male are equal in God are motivations that made me pursue this study. Having evaluated the theology and the inherited evangelical traditions, it becomes certain that transformative praxis that counteracts abusive and oppressive ideologies against women among evangelicals is imperative. To achieve this, the study has used an already published case study on interviews conducted among Christian women in the Full Gospel Church (FGC) in Phoenix, Durban. This has been used to facilitate theological observations. In seeking to answer its research question the dissertation examines and critiques the predominant discourses portrayed as some expressions of evangelical theology in chapters four, five and six as analysed from the said case study. The study achieves this purpose by engaging a theological reflection as its methodology through applying a “feminist theology of praxis” as its theoretical framework. Hence, the study proposes alternative evangelical theological discourses and resources for transformative praxis as its focus. The findings are tentative and require future empirical research. Arguing that “Theological statements contain as much truth as they deliver practically in transforming reality” (Sölle quoted in Ackermann 1996:42), the dissertation concludes with addressing the implications of this study by proposing practical ways for transforming men, aiming at deconstructing abusive and oppressive male paradigms. / Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

This thesis looks at how relevant 2 Corinthians 5:18-21 and Romans 5:1-11 is for bringing about reconciliation between victims and offenders in serious crime. Their relevance is discussed in the light of a psychological model of rape trauma and recovery and the real experiences of rape victims and rape offenders. The crime of rape is used and examined paradigmatically for serious crime as a whole. I contend in this thesis that reconciliation between victims and offenders, in serious crime, can promote healing, especially if it is done through careful mediation. / Thesis (M.A.)-University of Natal, Pietermaritzburg, 2001.

The cruelty and scope of the widespread criminality of humans in the world, which was a feature of the past century, was fuelled by scientific progress, egoism and humanity's power of destruction. The criminal consequences of the many imperialistic, hegemonic and barbarous wars in that century were immeasurable in terms of violations of human rights. Notwithstanding the emergence of international criminal justice through the experience of the International Criminal Military Tribunal of Nuremberg and Tokyo and later the ad hoc International Criminal Tribunal for former Yugoslavia and Rwanda, globally, impunity for egregious crimes continues. The establishment of the International Criminal Court (ICC) at the end of the 20th century was saluted as a major step forward in the evolution of international criminal justice. While previous tribunals were ad hoc, the ICC is permanent and has large territorial jurisdiction. This raises hope among the many Congolese victims of the first African World War, who view the ICC as a paradigm change that will put a stop to impunity for crimes against humanity and the crimes of genocide and war. In the Democratic Republic of the Congo (DRC), the past decades have been marked by instability and horrible armed conflicts (1996-97 and 1998-2003) which left several million people dead, and which were marked by gross war crimes. The negative consequences of those atrocities persist until today. While the ICC initiated the prosecution of some war criminals in 2004, most crimes committed before 2002 remain unpunished, because the ICC's jurisdiction is limited to after that time. It is therefore imperative to examine other mechanisms to deal with impunity for various grave crimes, including war crimes, perpetrated between 1996 and 2002. Thus the aim of this research is to contribute to the fight against impunity for crimes in the DRC by examining how other modes of jurisdiction such as the principle of universality can be applied, and to assess the need for the establishment of a specific tribunal for the DRC. Considering the inability and incapacity of the Congolese judicial apparatus, this study concludes by recommending the establishment of a Special Criminal Tribunal which can put an end to impunity for serious crimes committed in the DRC. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

This study is an evaluation of the Rwandan unity and reconciliation process and was undertaken to assess whether it possesses the potential for building sustainable peace in the country. The study used an analytical method to measure the key activities of the National Unity and Reconciliation Commission, the national body that oversees the efforts aimed at promoting unity and reconciliation among Rwandans. Before properly analysing the process, the study outlined a number of conditions that are necessary for true reconciliation and sustainable peace to be achieved. The analysis allowed a comparison of these conditions to the context in which the unity and reconciliation process is being conducted in Rwanda. This required the exploration of the entire situation at political, economic and social levels. Particular attention has been paid to the situation after the 1994 genocide to examine developments from then until to the present. It became evident during the study that decisive structural changes have been undertaken to prepare a supportive environment for unity, reconciliation and peace. Appropriate structures' reform occurs in the domains of good governance, economic planning and justice. It also became evident, however, that some important obstacles to unity and peace persist, specifically poverty, reluctance to cooperate with 'Gacaca' traditional courts, corruption and opportunistic political leaders. Appropriate measures have to be taken in addressing these issues for sustainable peace to be a new way of life for all Rwandans. Generally, the study showed that the process of unity and reconciliation in Rwanda has the potential to succeed since high governing leaders are engaged to restore unity and reconciliation in the country. Political will, the study revea led, is an essential ingredient for sustainable peace. The study also listed a number of encouraging results of the process and proposed some measures to strengthen unity, reconciliation and peace. / Thesis (M. Com.)-University of Natal, Durban, 2003.

This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law. / Magister Legum - LLM

This thesis examined the media framing of the Juarez femicide. The media framing of femicide is significant because women have always been the victims of widespread violence. Violence against women exists in all societies and is not restricted to economic class, race, ethnic, and ideology. Despite the prevalence of gender-violence, this issue is taboo in most cultures and difficult to discuss. The study is also significant because it provides insight into the cultural codes in communities where violence against women is prevalent, offers what may be the first comparative academic analysis of U.S. and Mexican media frames, and adds to our understanding of a cross-cultural femicide. This study examined the types of media framing utilized by both the U.S and Mexican media, the implications of the frames, and the differences in framing strategies between the U.S. and Mexican media. The method used to conduct this media framing analysis of the Juarez femicides employed Burke’s (1989) dramatism theory and Noelle-Neumann’s (1971) spiral of silence theory. This method entailed applying the cycle of redemption and silencing theory to newspaper articles from the El Paso Times published in El Paso, Texas, and El Diario published in Ciudad-Juarez, Mexico to determine if the artifact illustrated components of the redemptive process and silencing. This study found eight total themes from both El Paso Times and El Diario that illustrated the components of the redemption, victimage, and silencing. / Department of Communication Studies

<p>This thesis assessed the effectiveness of the Special Court in relation to the impact is has made in cultivating the rudiments of a human rights culture, dispensing justice, ending a culture of impunity, effecting unity and national reconciliation in post war Sierra Leone.</p>

Thesis (Ph. D.)--UCLA, 2008. / Vita. Includes bibliographical references (leaves 384-427).

Univ., Diss.--Bochum, 2002. / Literaturverz. S. 402 - 436.