Kweka, Gift Joseph
(2017)
NATIONAL PROSECUTION OF INTERNATIONAL CRIMES
IN AFRICA Law and Practice from Kenya, Rwanda and Uganda.
["eprint_fieldopt_thesis_type_phd" not defined] thesis, The Open University of Tanzania.
Abstract
This thesis investigates the national prosecution of international crimes in Africa
with specific focus on Rwanda, Uganda and Kenya. The study has traced the
prosecution of international crimes in Africa from the period international criminal
justice was incepted to date. The study engaged doctrinal and empirical legal
research in collection of data. The thesis gives an account of African position in
different eras of the development of international criminal justice. On the basis of
this account, it has been concluded that, historical factors have played part in the
passiveness of African countries towards the prosecution of international crimes in
domestic courts. The thesis further provides an analysis of the existing legislative
framework for the prosecution of international crimes at regional, sub-regional and
country level in Africa. This analysis provides the substantive law that exists in the
area of international criminal justice as it stands today. The laws have improved over
the years and it is concluded that there is a reasonable legal framework addressing
core international crimes in selected countries. Being anchored in two parameters
namely legislative framework and practice; the study also provides the practice of
Africa in prosecuting international crimes at regional, sub regional and country level.
There is more emphasis on the practice of selected countries which leads to the
conclusion that, domestic courts could offer viable venue for the prosecution of
international crimes where identified challenges are addressed. With this flow, the
study gives a conclusion on the legislative framework and practice in national
prosecution of international crimes in Africa with particular focus on Kenya, Rwanda
and Uganda.
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