Is the ICC an Institution in Crisis?

Introduction The advent of international criminal law is arguably the biggest landmark in public international law since the cold war and more especially after 1990. This milestone was characterised by, among other things, the establishment of (quasi) judicial institutions to support the then developing body of law. Subsequently, violations of international criminal law have been […]

Revisiting the ICC and the Afrika Question

Africa welcomed the International Criminal Court (ICC) with enthusiasm. Numerically, 33 out of the 121 State Parties as at June 2012 were from the continent and this constituted the “largest regional grouping among ICC member states”. The warm reception saw countries like Uganda, Democratic Republic of Congo, Mali and Central African Republic self-refer cases to […]

Hierarchy of Rights: Are some human rights more superior than others?

Whereas the global community is implored to treat all human rights equally and with the same emphasis, to-date, one of the contested areas in the human rights discourse is whether there exists a hierarchical preference for the two major categories of rights, namely; civil and political rights (CP) on one hand and economic, social and […]

A double edged sword: Technology, Human Rights and Accountability Processes

The last two decades have witnessed the explosion of new technological opportunities and threats to human rights. Like most tools, technology is dual faced; potentially achieving both positive and negative ends. This is equally true in matters of human rights where on one hand, it can protect and promote fundamental rights and freedoms and on […]

Artificial Intelligence and Human Rights: Opportunities and Threats

Over the years, the field of artificial intelligence (AI) has evolved and is slated to exponentially grow in the decades ahead. Scholars note that in the coming years, it will be possible to accurately predict future events or developments using machine learning and big data. In the context of human rights, AI can potentially support […]

Substantive and Procedural aspects of a model Right to a Clean and Healthy Environment

To deal with growing demands for a legally-binding and universally recognised right to a clean and healthy environment, it is important to frame the various aspects of the proposed right. Two areas require attention. Firstly, the substantive part which creates, defines, and regulates the rights and secondly, the procedural aspect which prescribes method of enforcing […]

Impediments to the legal recognition of a global right to a healthy environment

As the world increasingly grapples with numerous environmental problems, so are the demands for the legal recognition of a human right to a healthy environment.  Among the initial policy deliberations to this effect was the Ksentini Report which examined various international human rights instruments, legislation and practices on the environment across the world. The report […]

Analysis: Use of Open Source Evidence in International Criminal Trials

Examining the use of Open Source Evidence in the International Criminal Trials Perhaps one of the key highlights of the 20th century was the increased awareness of international crimes, birth of the International Criminal Court (ICC) and the rising effect of social media on the international discourse. The upsurge of applications like Facebook and Twitter […]

Use of Technology in Human Rights Fact-Finding Missions

The post-World War II period has witnessed the exponential rise of public and non-governmental fact-finding commissions at national, regional and global levels to investigate numerous allegations of massive human rights violations. The initial mandate of human rights fact-finding missions was to establish the truth of a given incident. However, over the years, the mandate of […]