Diss. : Philosophische Fakultät : Zürich : 1981. - Bibliogr. p. 194-205. -

Texte remanié de: Th. doct.--Sci. criminelles--Lille 2, 1980. Titre de soutenance : La Maréchaussée, une institution de police et de justice en Flandres, 1679-1790.

Includes abstract. / Includes bibliographical references (leaves 103-114). / Rwanda is seeking to address genocide and it consequences through one of the most comprehensive, and arguably innovative, set of transitional justice measures yet developed. This study provides a critical analysis of this 'Rwandan approach' to transitional justice with a focus on the key claim by Rwandan authorities, but often made in other contexts too, that transitional justice furthers postconflict reconciliation. The central objective is to analyse critically the implications and consequences of the Rwandan transitional justice programmes for reconciliation in a post-genocide society.

Includes bibliographical references.

This study is a literature-based analysis of the prospects for inclusive citizenship in light of the contradiction between formal political equality and the reality of socio-economic inequality within the context of post-apartheid South Africa. In approaching the topic of citizenship, I will employ T.H. Marshall's conceptual framework of three-fold citizenship to establish the civil, political and social elements and associated sets of rights within citizenship.

Includes abstract. / In times of war the private sector adapts, often to function informally, and can serve to either perpetuate conflict or to incentivize peace. Accordingly, the private sector is a powerful tool that can be utilized during post-conflict reconstruction to enable sustain- able peace and economic development. After a conflict, in an effort to establish a means of survival outside of the war economy, there is a pressing need for the population to have a means by which to provide a livelihood and productively contribute to society. Establishing sustainable economic exchange and developing social capital between various members of society is one mechanism by which to achieve restorative justice and disincentivize conflict. ...this paper argues for a hybrid approach to private sector development that includes both the investment climate and interventionist methods to disincentivize a return to conflict.

On 9 October 2016, a group of Rohingya militants, equipped with machetes, attacked police stations in northern Rakhine State (nRS), one of the most impoverished states in Myanmar, looting and killing nine police officers and injuring another five. In turn, military and police targeted and attacked Rohingya armed groups, killing many innocent civilians. On 24 March 2017, the European Union, supported by the United States, the United Kingdom and other countries, sponsored a United Nations resolution which gives effect to a UN factfinding mission to determine the facts on violations, especially in Rakhine State. With a view to challenging conventional explanations and views of United Nations-mandated fact-finding, this research study operationalizes a dynamic view of UN fact-finding. At first blush, a strong case can be made that these relatively extensively researched, and verified, across-case dynamics and processes arguably underlie the establishment of the UN-mandated fact-finding mission to Myanmar. However, structural explanations, like the gridlock in the United Nations Security Council (UNSC), do not adequately take into account the timing of the establishment of this United Nations mandated fact-finding mission. The tatmadaw’s military operations have for many years been seen to involve systematic violations of human rights. Crimes such as arbitrary arrest, torture, or forced labour already featured centrally in the work on Myanmar by human rights organizations in the 1980s, and these and many other apparent human rights violations, to a certain extent, continue to preoccupy the United Nations. Furthermore, not only do structural explanations fail to take sufficient account of the dynamic interplay between domestic and international fact-finding and the strategic context in which they are established, but how the UN mission ‗reflects‘ the complexity of Myanmar‘s strategic context, characterised by the emergence and contestation of two audiences of legitimation. In this regard, this research study brings together two branches of scholarly literature‘ and focuses on the politics of the ‗here and now‘ and the contingencies of within case dynamics that underlie the establishment of the UN-mandated fact-finding mission to Myanmar. In this regard, structural explanations cannot fully account for how the UN-mission went from constituting an implicit challenge to the so-called ‗Annan Commission‘ to being framed as ‗complementary‘ to the Annan Commission. Bringing together two bodies of scholarly literature, this research study highlights how four factors in Myanmar‘s strategic context were key to the establishment of the UN-mission, namely, 1. increasing international debate and division over the ‗authority‘ of Aung San Suu Kyi; 2. a political shift within the UN headquarters towards an activist role; and 3. a critique of the United Nations‘ (UN) dominant approach in Myanmar, which has triggered a fourth, namely, 4. the contestation over the identity of the ‗audiences of legitimation.‘ This is most aptly illustrated by the establishment of the UN-mandate fact-finding mission to Myanmar, which ‗reflects‘ the complexity of Myanmar‘s strategic context, characterised by the contestation, navigation and co-optation of these now competing sources of legitimacy: the politics of personality and the politics of Rohingya victimhood. With a view to operationalizing Frederic Megret‘s (2016) ‗dynamic‘ view or conceptualization of international human rights fact-finding, it is argued that the establishment of the UN fact-finding mission to Myanmar is to be understood primarily in the context of the contested nature of the identity of ‗audiences of legitimation‘. Furthermore, this research study employs a process-tracing research methodology, looking to critical historical junctures where explanations challenge conventional wisdom of the literature, for example, that the UN-mandated fact-finding mission is intended to (only) discover the ‗truth about the past‘ or conceptualization of fact-finding that conflate what is ‗factual‘ with ‗the law‘ or presuppose a ‗fact-law distinction‘. Rather, United Nations-mandated fact-finding is a form of ‗discursive practise‘, established (primarily) with a view to the cultivation and maintenance of legitimacy.

The thesis contextualises the state of transitional justice, elite outlooks and militarisation in Zimbabwe, whilst drawing attention to the complexities of achieving this reality. The study draws from transitional justice, civil-military relations, as well as the political settlements literature as analytical frameworks. Essentially, the study poses two key questions: How does studying transitional justice and elite culture help pre-plan for strategies to professionalise the military and reallocate civic-political duties to citizens should Zimbabwe transition out of authoritarianism? Once achieved, how can this be sustained towards socio-economic development? The study also tackles questions of justice and impunity whilst framing client-patron relations amongst the elite as impediments to progress. Amidst cyclical episodes of violation, the thesis links the denial of justice through amnesties, corruption, and further violence, to the politics of policing memory and trauma. This is analysed within the scope of the late Robert Mugabe regime as well as the current Emmerson Mnangagwa regime – both of which are inherited legacies from the Ian Smith regime. The intricacies of elite networks and accumulation are then laid out, culminating in deliberations on how to navigate prospects for reform, in understanding the politics of non-recurrence when contextualising systemic as well as physical violence. The thesis aims to contribute to ongoing discussions on political leadership, national healing, and institutional reform in Zimbabwe.

On 4 October 2016, three black female students at the University of Witwatersrand (hereafter Wits) in Johannesburg, South Africa staged a naked protest to call for a ceasefire during the peak of the #FeesMustFall (FMF) protests. The FMF movement emerged in late 2015 as a student revolt against costly higher education fees especially for black students in South Africa. Armed police fired rubber bullets, stun grenades, and teargas to stop ongoing FMF protests which shut down university operations as students vowed to protest until all their demands were met. Within this context, the three female students at Wits University stood topless and formed a buffer zone between mostly male protesting students and the police. The method of protest was however mostly received with condemnation by the public and received widespread attention on social media platforms where the focus shifted from the central issues that sparked the naked protest to predominantly body shaming the women and questioning their morality (Ndlovu, 2017:68). This response to the naked protest therefore raised questions around the continuous policing of women's bodies and the patriarchal structure of public space where naked protests are performed. This thesis will use the 2016 naked protest that took place during violent FMF clashes between the police, private security, and students at Wits University as a lens to explore the ways in which naked protests have been used as an empowering tool to challenge men and authorities in violent contexts. It will draw on the 1990 naked protest in Soweto in South Africa, the 2002 naked peace protest in Liberia, and the 2002 anti-oil naked protest in Nigeria to illustrate the trajectory of naked protests in different African societies and the unique ways in which women's nakedness and undress has been perceived with apprehension in these societies. The central question that this thesis intends to explore is why do naked protests by women in African societies trigger apprehension in bystanders and black authoritarian male figures? I argue that it is a powerful form of protest, beyond cultural symbolisms attached to senior black women's bodies, as it subverts patriarchal mores underpinned in public space that delineates when and how black women can be seen in the public domain. I argue that it also provides the space for black women to assert their presence in protest movements and broader society which is typically unappreciated and overlooked. The point is to illustrate how naked protests ultimately undermines patriarchal mores and essentially invalidates colonial ideologies that renders the black female body socially invisible.

À la suite des conflits violents qui ont eu lieu au Soudan du Sud à partir du 15 décembre 2013, il se pose la question de savoir comment construire dans le pays une paix durable tout en rendant justice aux milliers de victimes des conflits? Pour répondre à cette interrogation, cette thèse doctorale fait recours à la discipline de la justice transitionnelle. Toutefois, en raison des limites constatées dans la mise en œuvre de ce processus dans de nombreux pays ces dernières années, la thèse adopte la théorie d’une “approche transformative de la justice transitionnelle” pour examiner dans quelle mesure le pays pourrait faire une transition réussie vers la paix durable. Ainsi, l’étude soutient que pour mieux appréhender les causes des conflits post-décembre 2013, il faut d’abord comprendre le contexte historique et socio-politique des conflits Nord-Sud au Soudan. Elle souligne que depuis la période coloniale, la région du Sud a été l’objet violences structurelles continues se manifestant par l’exploitation économique et politique, le sous-développement, l’extrême centralisation du pouvoir entre les mains d’une minorité, la marginalisation et l’exclusion du Sud de la gouvernance du Soudan, le non-respect des accords de paix, l’instrumentalisation de la religion et de l’ethnicité à ses fins politiques, etc. L’étude révèle que toutes ces violences ont façonné le Soudan du Sud pour donner lieu – en raison des compétitions pour le contrôle du pouvoir politique et économique dans le nouvel État – aux violences graves que le pays a connu à partir de décembre 2013. Ensuite, pour la mise en œuvre de l’“approche transformative de la justice transitionnelle” dans le pays, l’étude soutient qu’en reconceptualisant les mécanismes ordinaires de la justice transitionnelle, ceux-ci peuvent jouer un rôle important dans la transformation du contexte conflictuel pour y édifier une paix durable.