CSA Week 10: Law and Justice by Catherine Dolan https://padlet.com/cd171/mftl1qvps9qfi323 Please post your ideas, questions, comments on the issues brought up by the weekly readings here. en-us 2021-01-09 22:15:33 UTC 2021-03-22 16:57:57 UTC hello@padlet.com Yana Kremer https://padlet.com/cd171/mftl1qvps9qfi323/wish/1297424579 I found this article very interesting as it reveals how useful a bottom-up approach is in peacebuilding. The article really helped me to understand how members of Al-Shabaab are still integrated parts of their clans, which means that despite their terroristic acts, they still have respect for their clan elders. I found it remarkable in a way, as I guess it is quite easy to imagine members of an organisation that participates in killings as inhumane, but the fact that they are very respectful of their clan elders and that many negotiations with the clan elders have in fact been successful helps to see humans neither as good or evil, but just as human.

I also found it incredibly interesting to understand how Al-Shabaab was formed, as their initial goal was to fight against Ethiopian military in the country. In that way, they could maybe even have been classified as "freedom fighters". It was very interesting to read how keen Western countries were to brand Al-Shabaab a terrorist organisation as soon as possible, instead of considering their demands as valid and reasonable. 

Unfortunately, with the death of their first leader, Al-Shabaab has now really become a terrorist organisation whose aim is to participate in global jihad rather than just defend their nation, but this was not always the case.]]> 2021-03-11 11:15:25 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1297424579 Bryony C https://padlet.com/cd171/mftl1qvps9qfi323/wish/1309769710 Schlee's paper raised some interesting ideas about the value of the nation state in providing "justice for all on the basis of equality" and the use of punishment in response to crime - although in reality these two concepts are also problematic. Nevertheless, it was fascinating to learn about alternative legal practices that are so disparate to those we know in the west. ]]> 2021-03-15 09:29:55 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1309769710 Melany I. N. Barasa https://padlet.com/cd171/mftl1qvps9qfi323/wish/1315047992 This article reminded me of the period of the ICC  and Ocampo. This was a big cultural reset in Kenya best exemplified by this song by prominent artist Juliani  named “bahasha ya Ocampo” https://vimeo.com/20855174 referring to the letter that Ocampo had that contained the 20 names of the people thought to have orchestrated the the 2007-2008 election violence. https://www.youtube.com/watch?v=xKsd1hFGcHY (Sorry it’s in Kiswahili) but this is the reference . The song provides a snapshot of the social landscape and criticism of the social ills using sheng. Particularly implicating top politicians and government officials in the violence that occurred and occurs through greed, impunity and  willing ignorance. The tone of the song suggests cynicism and a sentiment that justice is unlikely to be had occur and responsibility unlikely to be taken. I am particularly  interested in highlighting this line “Kisu ni cutlery
Kwa mkono ya roho mbaya nisilahi na-increase casualties”  ( A knife is an appliance ‘cutlery’ but in the wrong hands it’s a weapon, that increases casualties) which I think is a direct reference to 2007-2008 post election violence. 

]]> 2021-03-16 11:35:42 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1315047992 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1315337121 Clark, Phil (2018) Distant Justice: The Impact of the International Criminal Court on African Politics. - Melany I.N.Barasa]]> 2021-03-16 12:50:21 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1315337121 Nazra https://padlet.com/cd171/mftl1qvps9qfi323/wish/1316281910 This read was pretty unconventional and ties in Somali culture. Themes of respect, patriarchy and authority are intertwined to help curb terrorism in Somalia. Even when terrorist organizations are strong and powerful, there is still respect and authority given to Somali elders. This was really interesting when the general idea to curb terrorism is "dropping bombs in Somalia" - this never works and actually makes things worse. Shire's approach looks at alternative, non-violent and Somali based approaches to helping young citizens from falling prey to terrorism, violence and religious radicalism. I enjoyed this article thoroughly! ]]> 2021-03-16 15:29:19 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1316281910 Jennifer https://padlet.com/cd171/mftl1qvps9qfi323/wish/1320176176 Schlee highlights fundamental differences between Western concepts and principles of justice and those of both sharia and some forms of customary law. I was particularly struck by the idea that non-Western forms of law may hold communities answerable for crimes committed by community members, rather than considering that justice is a matter of punishing  guilty individuals. And the idea that legal systems can be designed to maintain harmony between communities  rather than to ensure that guilty parties are punished is an interesting one. 
 
Schlee also  presents a far more nuanced account of sharia law than I have encountered previously.  
]]> 2021-03-17 12:12:19 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1320176176 Lois Douglas https://padlet.com/cd171/mftl1qvps9qfi323/wish/1321192393 Baines examines transitional justice in Uganda amongst the Acholi people. She highlights that the aspects she implements, challenges us to rethink the field of transitional justice. Acholi people seek to repair broken relationships with one another and the spirit worlds. As Acholi religion is organised around the search for both the causes of misfortune and ways of dealing with it, it can be made evident that the rebuilding of social trust and socio-cultural mechanisms are at fault. Transitional justice appears to meet universal standards, resonating with Western norms. These 'local' examinations neglect socio-cultural norms; having a set of micro-level relationships post- mass violence. I find it interesting that social segregation is used to defuse tensions between conflicting parties in Acholi and that elders intervene to resolve these conflicts through the war related, Cen. This is said to improve social relations, however, are these not the same spirits that send misfortune in the form of illness, madness and death, similarly to jogi?]]> 2021-03-17 15:21:16 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1321192393 Yukie Suzuki https://padlet.com/cd171/mftl1qvps9qfi323/wish/1322523182 I'm curious that if Kenyatta is truly criminal, then how should he have been judged? If it is not ICC and African court, would the result have been different? Is it right to judge African leader under Western value? However, Kenya is a member of ICC so I assume that it is different from Sudan's case.]]> 2021-03-17 19:42:50 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1322523182 Melany N. I . Barasa Continued... https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327634343 I think it was also interesting to note the occurrence of the internally displaced people, exemplified by Eric's narrative in the beginning of the article .  What for me this article bring to the fore as well is this concept of 'uthamaki' which  loosely in Kenyan Politics translates to this notion of "protect your leadership, protect your own, using a communities leaders to protect the interest of a community". we can observe this when the article states "for Uhuru Kenyatta rule was he's birthright" which in many ways is problematic. Democratic leadership shouldnt be a birthright, it should be earned, it should be the choice of the people. Uthamaki is not associated with any ethnic group as all ethnic groups tend to adopt it however it  has resulted in surname hyphenation to claim  prevailing (power- holding) ethnic identities, through either marriage or through children gaining both names to gain leverage in social settings and institutionally which is a newer occurence. 

On the subject of Ocampo and ICC, Ocampo saw persecuting Kenyatta  as a way to inspire change not only in the country but the continent. I think two things are happening here  a sentiment that ICC is paternalistic, infantilizing in its seemingly disproportionate approach to prosecuting and taking up cases in the Global South and the fact that "the government was the criminal". and it was precisely because Ocampo was on the dragon of impunity's tail that he went under. I tend to thins that to some extent this has to be an insider job, i get the sense that immediately it is seen to be an outsider it will be labelled interventionist and taken down. This is where anthropology cannot be detached from law and justice "The courts very mission involves trying atrocities that stem from cultural conflicts whose nuances its lawyers and judges from their removed in the hague can't hope to fully appreciate". This definitely marked a drastic shift in kenyan politics. More than 'Big Man Politics' at the end of the day it is the ordinary citizen who is hurt and who was hurt by the 2007-2008 elections and this  trial sought vindication for them that Juliani was referring to in Bahasha ya Ocampo, he's addressing these issues that remain, impunity, injustice and rule of law or lack there of.]]> 2021-03-18 21:06:41 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327634343 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327679780 Man in The Mirror: Echoes of Jomo in Uhuru
I feel this  OP-Ed unpack abit of that Uthamaki aspect and the ICC Ocampo ordeal

https://www.theelephant.info/features/2018/11/01/man-in-the-mirror-echoes-of-jomo-in-uhuru/

Melany. I. N. Barasa]]> 2021-03-18 21:24:52 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327679780 Tanya https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327724253 Following Yuki's comment about whether the ICC should be led by a western chief prosecutor, I think it is interesting. Moreno -Ocampo was clearly a controversial figure at times, but it is interesting that the now current chief prosecutor is Fatou Bensouda, a Gambian. Maybe this may reassure other countries that this is not a neo colonial power play here or a specific target of Africa but one that is about global justice and one established under an international rule of law.]]> 2021-03-18 21:45:02 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327724253 Ollie https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327947198 What I find striking in Schlee's account of Somali justice is that, although not expressed in this way, 'justice' is understood to be synonymous with 'peace' whereby crimes/wrongdoings are resolved by a diplomatic negotiation between the offending party (individual or community) and the victim (individual or community). The result is that justice is served upon the criminal in ways which bring about community satisfaction which is surely has relative applications. ]]> 2021-03-18 23:50:50 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327947198 Olga Prudenko olli060572 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327976016 Schlee's work is very interesting in regards to the customary and state law. It is a tragic of customary law being in the position of a 'bargain', where power is a crucial factor. And more tragic is the state law, which in practice a corrupted and discredited system that compromise the stronger side on the basis of equality. Since Quran may have different interpretations,  its very controversial whether worldly punishment were prescribed in Quran & Sharia]]> 2021-03-19 00:05:59 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327976016 Nikhil https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327987123 This was a fascinating read as the journalistic style allowed for deeper personal insights into Moreno-Ocampo and how he conducted himself, thus by extension his cases and the court. The piece underlines the complexity between politics and justice and goes on to show how allegiance and ambition (political, professional) create obstacles to determining culpability. It makes us think again about the nature of justice, who gains it, who is excluded (Eric etc.), and importantly, how history reflects back on the moment and conveys judgement of its own.]]> 2021-03-19 00:11:28 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1327987123 Kiyingi Muddu https://padlet.com/cd171/mftl1qvps9qfi323/wish/1328836465 The article makes an exciting reading on the integration of informal socio-cultural mechanisms into transitional justice. As a witness of Mato Oput myself, I find the practice socially acceptable, adaptable and trusted among the Acoli people dealing with the ravages of the 20-year LRA-UPDF old war in Northern Uganda. As the article argues, "justice is more than law", local mechanisms such as these provide a grassroots approach to atonement, retribution and social repair in quite more significant ways than top-bottom justice interventions like amnesty, tribunals or International Criminal Court would. ]]> 2021-03-19 07:28:25 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1328836465 Ariel Collier 6860201 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329003595 Shire has a great way of immersing us into the complex relations between the FGS, Al-Shabaab and clan elders. After the call of Barre in 1991 Somalia became a battleground for political and territorial power. Transitional informal and formal justice clashed in places like the Somaliland border. To my understanding, there are major discrepancies between how each actor would like to rebuild the nation. International powers are in favor of FGS due to their desire to implement democracy, whilst Al-Shabaab is more in favor of Sharia Law. Clan Elders usually fall somewhere in-between, as it is their obligation too doo what is best in the present for their communities. Whether that be negotiating hostage release or agreeing to accept international aid. 

I also found it interesting how there are extreme differences after The impact of Jihadist ideology deterred Al-Shabaab from their original nationalist values too global domination. It caused lot more harm on their own people and made compromises nearly impossible.

It takes time for new philosophies centered around human rights to be accepted by a country. In the end, each country must choose their own path. ]]> 2021-03-19 08:59:22 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329003595 Stefania C stefycavallaro https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329072222 In countries emerging from devastating conflicts and violent atrocities such as genocide, human rights violations, war crimes and crimes against humanity, there is a tremendous need for the victims to demand for accountability. In the last two decades, transitional justice played a major role through its mechanism, such as war crimes trials and other judicial proceedings such as war crimes trials and other judicial proceeding , against those who committed violent acts. However, looking at the article, it is evident that  in some cases, transitional justice is not sufficient and doesn't capture the real need of justice.  Moreover as highlighted in the article, truth commissions, reparations ecc.. aren't within the control of Acholi, that are politically excluded form debates surrounding justice and have little ability to influence government policy, therefore local solutions takes shape, and as seen in the article works, because its something decided by those who are involved, who suffered and not decided by outsiders. ]]> 2021-03-19 09:35:43 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329072222 Helina Shebeshe https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329119134 The scene described in Corner Kilak and the ‘cat-man’ is an interesting communal way of redressing the officially unacknowledged atrocities that were committed there. Without official positions that provide people the outlet of acknowledging, paying respect and seeking justice (whether by local or International standards) - the cat-man serving as a symbolic replacement and embodiment of this redress is really interesting. He manifests as the terror the community possess but is unable to 'officially' acknowledge and through his expulsion they are able to symbolically enact some form of justice tied to the crimes committed there as 'justice is more than law...people shape the process of legitimacy with respect to justice issues' (415)]]> 2021-03-19 09:58:51 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329119134 Rebecca Luff 686418 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329120246 This paper was interesting reflection of justice in Somalia in terms of both sharia and customary law. It was interesting to see that the guilty individual is not required to take responsibility or even come forward that the “notions of guilt or individual accountability were entirely alien to these procedures” (263). That instead the responsibility falls on the entire community, Schlee aligns the role of justice as a bargain which is predetermined by the differential in the bargaining power, favouring the stronger community. In this instance, Somali legal systems seem to be a tool for defusing tension, keeping peace and agreement between communities, where there is a lack of presence of the ‘idealised’ nation-state to provide “justice for all of the basis of equality” (268).]]> 2021-03-19 09:59:26 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329120246 stefania C stefycavallaro https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329126764 OHCHR Report - Making Peace Our Own

]]> 2021-03-19 10:02:48 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329126764 Maria Marrone https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329193063 I agree with with Ollie said in that the notion of "justice" as being synonymous with "peace" is apparent at least in the philosophical approach to law. I was also moved by this paper in the description of people's navigation of various justice systems. It made me think of the hegemonic power of western law and the notion that this may not necessarily be the most human or "just" legal system to adhere to. Something that I found beautiful about the application of shari'a in Muslim countries is the flexibility for local customs to also be included in the practice of law. I believe it allows for local actors to establish a system that is founded in a morally driven structure (through shari'a) that is also in line with the societal structures already in place. ]]> 2021-03-19 10:34:43 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329193063 Tosin Asaolu https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329225889 The Baines reading had me thinking about the word 'justice' and , at the risk of sounding essentialist, whether to the African sensibility, it involves a lot more than 'legal reparations'. There are so many aspects of the 'Acholi way' that sounds similar to how the 'Yorubas' of West Africa (my people) would approach reparations of fractures within the equilibrium of their community. As Baines observes, 'justice is a social project'. Less about compensation for whatever 'wrong' was done but more about how the society comes together and heals itself. 

]]> 2021-03-19 10:50:06 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329225889 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329236073 Shlee’s paper effectively highlighted how customary law, with its logic of negotiation, does not automatically equate to justice. Inequalities are rife throughout these negotiations, the weak always suffering more from the outcome - e.g. Schlee’s example of the strong group invoking the appeal to ‘brotherliness’ to reduce compensation payment, something that would be much more difficult for the weak group to utilise, likely having to pay a lot of camels or being under threat of attack. I also thought the fact of wealth of the perpetrator being taken into account, as well as wealth of the victim when deciding the outcome of the offence was very interesting.
Emma N]]> 2021-03-19 10:54:52 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329236073 Shahlaa Kurji https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329243424 i enjoyed this reading, it highlighted the existing bias of viewing law and justice through a westernised lens and emphasised
 the importance of taking in to account the culture and the specific needs of those who have been victims]]> 2021-03-19 10:58:27 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329243424 Josh Dowley https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329282657 Schlee’s conclusion that ‘justice is not a matter to be to negotiations between conflicting parties’ (268) is apt. This conclusion identifies justice as a concept that needs to transcend the power dynamics of conflicting parties and be informed by, as Schlee says, ‘the normative dimension’ (268) of society – i.e. social groups and movements. I firmly agree with Schlee that the normative dimension needs to be bolstered in order to deliver appropriate justice, otherwise justice becomes easily manipulated by the victor. ]]> 2021-03-19 11:17:53 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329282657 Tom https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329394446 I thought the that the stark difference with Xeer Collective responsibility, spoken about in the lecture, with western justice systems drew similarities with this piece. Justice cannot transcend time and space and in the Kenyan example the ICC misjudged its out applicability with any country anywhere. I thought personal responsibility must be given to Ocampo for his decision to question Kenyatta but it did seem that there was genuine misunderstanding and inability to transfer one justice system onto another. Sadly, those that miss out will be neither party but the people who suffered under the post election violence]]> 2021-03-19 12:04:45 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1329394446 Kenza https://padlet.com/cd171/mftl1qvps9qfi323/wish/1330908767 I also enjoyed reading this journalistic piece and thought it would be interesting to highlight this specific quote.

"The first large and truly successful one (international war crime tribunal) was not until almost 500 years later, at Nuremberg. After the Cold War, human rights became a centerpiece of Western foreign policy"

Indeed after the Cold War, the US and more largely the West have been framing themselves as 'leaders of the free world', 'champions of democracy/human rights' etc. You name it. However, human rights have only become such a predominant concept in the past decades, with the idea that humanity has attained a certain state of rationality and morality that never existed before, and therefore it should be applied to the whole world. The internal language of HR puts the emphasis on the individual behaviour and responsibility. Consequently, it doesn't allow to capture structural violence, whether it is economic, social, racial or gendered. In that sense, HR becomes an alibi for neoliberalism and its institutions participate in embedding it, the focus on HR thus diverting the attention from claims of social justice. The ICC acts in that way. While accountability matters, it is also important to question who has the agency to modify the metrics when it comes to hold people accountable. Questioning why certain structures hold more moral authority/power than others is necessary to understand that the politics of human rights are more important than human rights themselves. As the author writes in 2016 "all but one of its (the ICC) open cases (are) related to crimes in Africa".

On that basis, it is interesting to note that the US, which pushed strongly for the creation of an International Criminal Court, are not part of it, nor have it ratified multiple international conventions (Economic, Social and Cultural Rights ESC, Civil and Political rights ICCPR, rights of the Child etc.).

]]> 2021-03-19 17:51:31 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1330908767 Clan Elders as Insider-partial Mediators 2473522 https://padlet.com/cd171/mftl1qvps9qfi323/wish/1338352720 Shire's article highlights the on-going plight faced by the Somali state, which has to deal with the constant threat posed by the  Al-Shabaab terrorist cell. The article also foregrounds the pivotal role played by (high-ranking) clan elders as  vertical players in peace-brokering processes and who fill a much needed gap in the Somali state, by providing a judicial system based on customary and religious ideologies (Xeer Soomaali, p.6.), which, importantly, is also recognized and respected by Al-Shabaab. The key constituents in determining a clan elder's suitability for the role of mediator in scenarios requiring negotiation (apart from being selected as a representative of a clan), are, according to Shire, accountability, trust and legitimacy (p.14.), which places an insider clan elder in closer proximity to negotiations, than an 'outsider' (p.14.) . At the micro level, it is evident from the reading that the intervention of clan elders have proved successful in preventing the escalation of atrocities, on numerous occasions, however, at the macro level, this success does not yet appear to have been repeated. 
Laura A]]> 2021-03-22 14:59:00 UTC https://padlet.com/cd171/mftl1qvps9qfi323/wish/1338352720