PhD Theses

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Browsing PhD Theses by Author "Kweka, Gift Joseph"

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    National prosecution of international crimes in Africa law and practice from Kenya, Rwanda and Uganda
    (University of Dar es Salaam, 2017) Kweka, Gift Joseph
    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.