Call for Law Papers!

Special Law Edition

The East African Journal of Research.[1]

A Publication of Tumaini University, Iringa

Note:

We welcome papers on legal research and socio-legal research from different faculties and disciplines.

Format and submission guidelines 

·         Articles should be free of common English and writing errors.

·         Article length 3000 – 8000 words (including précis  of Masters and Ph.D    Theses)

·         Article title length should not exceed 15 words.

·         Article should have an abstract

·         Article should make use of Footnotes. Endnotes not accepted.

·         Spacing is 1.5, font-Times New Roman size 12, 1" page margins

·         Submit online copy

DEADLINE FOR SUBMITTING PAPERS – 30 SEPTEMBER 2012

CONTACTS:

Kindly forward your online copy of your article to:

Coordinator of the Publication, Dr. iur. Gracieux Mbuzukongira

Or Associate Coordinator, Adv.. Mugendi Kohi.

For additional information use the below contacts:

Dr. Mbuzukongiro (Mobile: 0764 872 397, E Mail: mbuzukongira@yahoo.com)

Advocate. Mugendi (Mobile: 0767 333 778, E Mail: mkohi@tumaini.ac.tz)

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[1] The Journal is published twice a year under the Directorate of Research and Publications, Tumaini University, IUCo.

WE'RE ONE CRUCIAL STEP CLOSER TO SEEING TONY BLAIR AT THE HAGUE

Desmond Tutu has helped us see the true nature of what the former prime minister did to Iraq and increased pressure for a prosecution.

Tony Blair arrives at the Royal Courts of Justice in London to give evidence on media ethics to the Leveson inquiry in May 2012. Photograph: Dan Kitwood/Getty Images

For years it seems impregnable, then suddenly the citadel collapses. An ideology, a fact, a regime appears fixed, unshakeable, almost geological. Then an inch of mortar falls, and the stonework begins to slide. Something of this kind happened over the weekend.

When Desmond Tutu wrote that Tony Blair should be treading the path to The Hague, he de-normalised what Blair has done. Tutu broke the protocol of power – the implicit accord between those who flit from one grand meeting to another – and named his crime. I expect that Blair will never recover from it.

The offence is known by two names in international law: the crime of aggression and a crime against peace. It is defined by the Nuremberg principles as the "planning, preparation, initiation or waging of a war of aggression". This means a war fought for a purpose other than self-defence: in other words outwith articles 33 and 51 of the UN Charter.

That the invasion of Iraq falls into this category looks indisputable. Blair's cabinet ministers knew it, and told him so. His attorney general warned that there were just three ways in which it could be legally justified: "self-defence, humanitarian intervention, or UN security council authorisation. The first and second could not be the base in this case." Blair tried and failed to obtain the third.

His foreign secretary, Jack Straw, told Blair that for the war to be legal, "i) there must be an armed attack upon a state or such an attack must be imminent; ii) the use of force must be necessary and other means to reverse/avert the attack must be unavailable; iii) the acts in self-defence must be proportionate and strictly confined to the object of stopping the attack." None of these conditions were met. The Cabinet Office told him: "A legal justification for invasion would be needed. Subject to law officers' advice, none currently exists."

Without legal justification, the attack on Iraq was an act of mass murder. It caused the deaths of between 100,000 and a million people, and ranks among the greatest crimes the world has ever seen. That Blair and his ministers still saunter among us, gathering money wherever they go, is a withering indictment of a one-sided system of international justice: a system whose hypocrisies Tutu has exposed.

Blair's diminishing band of apologists cling to two desperate justifications. The first is that the war was automatically authorised by a prior UN resolution, 1441. But when it was discussed in the security council, both the American and British ambassadors insisted that 1441 did not authorise the use of force. The UK representative stated that "there is no 'automaticity' in this resolution. If there is a further Iraqi breach of its disarmament obligations, the matter will return to the council for discussion as required in paragraph 12." Two months later, in January 2003, the attorney general reminded Blair that "resolution 1441 does not authorise the use of military force without a further determination by the security council".

Yet when Blair ran out of options, he and his lieutenants began arguing that 1441 authorised their war. They are still at it: on Sunday, Lord Falconer tried it out on Radio 4. Perhaps he had forgotten that it has been thoroughly discredited.

The second justification, attempted again by Blair this weekend, is that there was a moral case for invading Iraq. Yes, there was one. There was also a moral case for not invading Iraq, and this case was stronger.

But a moral case (and who has launched an aggressive war in modern times without claiming to possess one?) does not provide a legal basis. Nor was it the motivation for the attack. In September 2000, before they took office, a project run by future members of the Bush administration – including Dick Cheney, Donald Rumsfeld and Paul Wolfowitz – produced a report which said the following: "While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein." Their purpose, they revealed, was "maintaining American military pre-eminence". The motivation for deposing Saddam Hussein was no more moral than the motivation for arming and funding him, two decades before.

But while the case against Blair is strong, the means are weak. Twenty-nine people have been indicted in the international criminal court, and all of them are African. (Suspects in the Balkans have been indicted by a different tribunal). There's a reason for this. Until 2018 at the earliest, the court can prosecute crimes committed during the course of an illegal war, but not the crime of launching that war.

Should we be surprised? Though the Nuremberg tribunal described aggression as "the supreme international crime", several powerful states guiltily resisted its adoption. At length, in 2010, they agreed that the court would have jurisdiction over aggression, but not until 2018 or thereafter. Though the offence has been recognised in international law for 67 years, the international criminal court (unlike the Rwanda and Yugoslavia tribunals, which hear cases from before they were established) will be able to try only crimes of aggression committed beyond that date.

The other possibility is a prosecution in one of the states (there are at least 25) which have incorporated the crime of aggression into their own laws. Perhaps Blair's lawyers are now working through the list and cancelling a few speaking gigs.

That the prospect of prosecution currently looks remote makes it all the more important that the crime is not forgotten. To this end, in 2010 I set up a bounty fund – www.arrestblair.org – to promote peaceful citizens' arrests of the former prime minister. People contribute to the fund, a quarter of which is paid out to anyone who makes an attempt which meets the rules. With our fourth payment last week, we've now disbursed more than £10,000. Our aim is the same as Tutu's: to de-normalise an act of mass murder, to keep it in the public mind and to maintain the pressure for a prosecution.

That looked, until this weekend, like an almost impossible prospect. But when the masonry begins to crack, impossible hopes can become first plausible, then inexorable. Blair will now find himself shut out of places where he was once welcome. One day he may find himself shut in.

SOURCE:
guardian.co.uk, Monday 3 September 2012 17.30 BST

ARCHBISHOP DESMOND TUTU SAYS THE FORMER LEADERS OF THE U.S. AND U.K. SHOULD FACE WAR-CRIMES CHARGES

The immorality of the United States and Great Britain's decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history.

Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.

If leaders may lie, then who should tell the truth? Days before George W Bush and Tony Blair ordered the invasion of Iraq, I called the White House and spoke to Condoleezza Rice, who was then national security adviser, to urge that United Nations weapons inspectors be given more time to confirm or deny the existence of weapons of mass destruction in Iraq. Should they be able to confirm finding such weapons, I argued, dismantling the threat would have the support of virtually the entire world. Ms Rice demurred, saying there was too much risk and the president would not postpone any longer.

On what grounds do we decide that Robert Mugabe should go the International Criminal Court, Tony Blair should join the international speakers' circuit, bin Laden should be assassinated, but Iraq should be invaded, not because it possesses weapons of mass destruction, as Mr Bush's chief supporter, Mr Blair, confessed last week, but in order to get rid of Saddam Hussein?

The cost of the decision to rid Iraq of its by-all-accounts despotic and murderous leader has been staggering, beginning in Iraq itself. Last year, an average of 6.5 people died there each day in suicide attacks and vehicle bombs, according to the Iraqi Body Count project. More than 110,000 Iraqis have died in the conflict since 2003 and millions have been displaced. By the end of last year, nearly 4,500 American soldiers had been killed and more than 32,000 wounded.

On these grounds alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in the Hague.

But even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?

Leadership and morality are indivisible. Good leaders are the custodians of morality. The question is not whether Saddam Hussein was good or bad or how many of his people he massacred. The point is that Mr Bush and Mr Blair should not have allowed themselves to stoop to his immoral level.

If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?

My appeal to Mr Blair is not to talk about leadership, but to demonstrate it. You are a member of our family, God's family. You are made for goodness, for honesty, for morality, for love; so are our brothers and sisters in Iraq, in the US, in Syria, in Israel and Iran.

I did not deem it appropriate to have this discussion at the Discovery Invest Leadership Summit in Johannesburg last week. As the date drew nearer, I felt an increasingly profound sense of discomfort about attending a summit on "leadership" with Mr Blair. I extend my humblest and sincerest apologies to Discovery, the summit organisers, the speakers and delegates for the lateness of my decision not to attend

  SOURCE: The Observer, Sunday 2 September 2012