The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

Towards a new paradigm for pan‐African knowledge production and application in the context of the African renaissance

Abstract

The article argues that the primary purpose of education, both formal and non‐formal, is the development of interrelated and interdependent sets of human capacity to think, to know and to act by honing social consciousness or awareness, values and skills. Investing in education is therefore viewed as investment in the development of social capital that combines with material resources and other non‐material phenomena to produce goods and services, as well as a favourable spiritual environment for human sustenance and development.

Education in Africa needs a fundamental paradigm change which entails, among other things, focusing on confronting, with a view to correcting and departing from, hegemonic knowledge and knowledge systems that are predicated on racist paradigms that have deliberately and otherwise distorted, and continue to distort, the reality of who Africans really are. The article visits some of the terrains most in need of this change: contestations about the roles Africans and Africa have played in human civilisation during the four main historical periods to date: Africa's leadership as the cradle of humankind or the Naissance of Humanity; Africa's leadership in all fields of knowledge and human achievements at the beginning of modern civilisation up to about the fourteenth century AD; the fifteenth century AD to the present which marks the only period in human development when Africa and Africans have been dominated and marginalised by mainly European civilisation and its global projections; and, the emerging era of the renaissance of Africa and other marginalised peoples.

A model curriculum that requires supplementation by the specific characteristics of each country that adopts it is suggested as a step towards this paradigm change. This modest effort at constructing a model curriculum is informed by the understanding that all Africans and peoples of African descent need to possess some basic, shared common knowledge about Africa, the Diaspora and the world ‐ and to acquire critical approaches to contextualised learning.     

“African Know Thyself”: Epistemic Injustice and the Quest for Liberative Knowledge

This article is framed against the historic myth of emptiness and its consequences on Africa, and takes a closer look at the project of modernity and the question of epistemic injustice in Africa. It deploys the phrase “African know thyself” to capture the need for Africans to grasp the distinctive particularity of their history as a people of equal ontological standing with the rest of humanity. This injunction affords special significance to history and its role in shaping the philosophical agenda in Africa by reminding us that philosophic discourse originates from, and is linked to the concrete conditions of existence, out of which it is formulated. To address the problem of epistemic injustice, Africans need to become more critically conscious of themselves and their situation in ways that inform their intellectual practice. This author submits that philosophy in Africa should assist in both “re-writing and re-righting” Africa’s position in the global knowledge landscape.     

NEPAD: Talking from the South,governing from the West

The formation of the New Partnership for African Development (NePAD) in 2001 at the African Union (AU) Summit in Lusaka, Zambia, marked the advent of what is regarded as a novel development strategy crafted by Africans for Africa. Rooted in former South African President thabo Mbeki’s call for an African renaissance, the initiative seeks to trigger the continent’s economic development by encouraging African states to explore the prevailing international economic order or globalisation. this article explores NePAD’s capacity to foster economic development in Africa, assesses the reasons for its establishment, reviews its mandate and examines institutional mechanisms for achieving its goals. the article takes issue with the ‘westernisation’ of the ‘discourse’ of Africa and calls for the revitalisation of NePAD’s strategy for sustainable African development.     

Acknowledging the Suffering Caused by State-Mandated Sexual Violence and Crimes: An Assessment of the Iraqi High Tribunal

The Iraqi High Tribunal (IHT), as a mechanism of transitional justice, took upon it a pioneering role within the Middle Eastern Region by prosecuting and convicting several high-ranking members of the former suppressive regime in Iraq. As part of this work, the IHT confronted the widespread impunity for and disregard of gender-based crimes, such as rape and other sexual violence, and took steps towards reforming the sector through its progressive statute and the specific acknowledgment of gender crimes within its judgments. It will be the aim of the following article to extend academic writings on Iraq, the IHT and gender, by providing insights into how the tribunal dealt with the issues of rape and sexual violence, the surrounding circumstances and how successful the IHT's recognition of these crimes proved for transitional justice in Iraq.     

Meeting Cheikh Anta Diop on the Road to African Resurgence

The African people's relentless struggle to tell their own stories and take charge of their own historical languages is a prerequisite for achieving an African Renaissance. This argument, informed by Afrocentricity—a theoretical framework which advances the view that any examination of African issues must be informed by African history and culture—takes its cue from the great Senegalese Pan-Africanist and African Renaissance advocate, Cheikh Anta Diop. The year 2018 marks 70 years since Diop, at a tender age of 25, wrote his essay When will we be able to speak of an African Renaissance? On the occasion of the 70th anniversary of this article, it is appropriate that the African Renaissance project advocates take a moment and deeply reflect on how they can take African scholarship to higher levels and intensify and consolidate the struggle to liberate Africa from being preoccupied with the Eurocentric trajectory of privileging Europe and Europeans in all aspects of life—the intellectual, political, cultural, social and material. This article argues that embracing Africology—the Afrocentric approach to scholarship—is the first step towards the liberation of a scholarship project. Diop dedicated his life to using sciences—both the natural and social sciences for the liberation of Africa and humankind—to liberate Africans from inferiority complex, and Europeans from superiority complex. Although Diop recognised both the importance of science and ideology in the service of humanity, he drew a line between them.     

Norm dynamics and international organisations: South Africa in the African Union and International Criminal Court

Over the past two decades, South Africa has sought to perform several roles on the world stage, such as the economic dynamo of Southern Africa, a diplomatic heavyweight representing the African continent, and a norm leader on the world stage as a so-called ‘middle-power’. Although South Africa's evolution and rise as an important player in global affairs has generated a welcome body of critical scholarly literature, comparatively little analysis has been allocated to understanding how norm dynamics and the country's ever-evolving international identities have enabled it to construct and reconstruct its ‘interests’. Social constructivism is best suited for such an analysis because it can operationalise norms, commitments, identities, and interests, and it provides the epistemological tools to map the increasingly multilateral connections between global, regional, and domestic forums. By employing a rationalist approach to constructivism, this paper remedies the aforementioned gap in the literature by illustrating how South Africa constructs and reconstructs its identities and interests in relation to membership in international organisations (IOs). To that end, the paper examines the evolution of South Africa's participation in the African Union (especially ‘peacekeeping’ contributions) and the International Criminal Court. The paper concludes by assessing the theoretical implications and practical ramifications of the norm dynamics involved in South Africa's commitment to these two IOs.     

The disciplinary,interdisciplinary and global dimensions of African studies

Abstract

In discussing African studies or any other field, it is important to note that the economies and cultures of knowledge production are an integral part of complex and sometimes contradictory, but always changing, institutional, intellectual and ideological processes and practices that occur, simultaneously, at national and transnational, or local and global levels. From their inception, universities have always been, or aspired to be, universalistic and universalising institutions. This is not the place to examine the changes and challenges facing universities in Africa and elsewhere, a subject dealt with at length in African universities in the twenty‐first century (Zeleza and Olokoshi 2004). It is simply to point out that African studies ‐ the production of African(ist) knowledges ‐ has concrete and conceptual, and material and moral contexts, which create the variations that are so evident across the world and across disciplines.This article is divided into four parts. First, it explores the changing disciplinary and interdisciplinary architecture of knowledge in general. Second, it examines the disciplinary encounters of African studies in the major social science and humanities disciplines, from anthropology, sociology, literature, linguistics and philosophy, to history, political science, economics geography and psychology. It focuses on the interdisciplinary challenges of the field in which the engagements of African studies with interdisciplinary programmes such as women's and gender studies, public health studies, art studies, and communication studies, and with interdisciplinary paradigms including cultural studies and postcolonial studies are probed. Finally, this article looks at the focus on the study of Africa in international studies, that is, the state of African studies as seen through the paradigms of globalisation and in different global regions, principally Europe (Britain, France, Germany, Scandinavia and Russia), the Americas (the United States of America (US), the Caribbean and Brazil), and Asia‐Pacific (India, Australia, China and Japan). Space does not allow for a more systematic analysis of African studies within Africa itself, a subject implied in the observations in the article, but which deserves an extended treatment in its own right.     

Decolonisation and comparative land reform with a special focus on Africa

Abstract

One of the principles guiding the establishment of the Organisation of African Unity (OAU) in 1963 was the need to eradicate colonialism and to ensure the total emancipation of African territories and its peoples. The African Charter on Human and Peoples Rights adopted in 1981 grants all peoples the right to self-determination, through which to freely determine their political status and pursue their social and economic development. The last two African countries to gain independence from apartheid and white minority rule, namely Namibia and South Africa, have taken different approaches to land and tenure reform. The year 2013 marked 100 years since the enactment of the Natives Land Act 27 of 1913 in South Africa that led to the indigenous majority population having access to only 13% of the land while the white minority had access to 87% of the land. The year 1913 is also the current cut-off point for recognising land claims. The South African government has recently taken initiatives aimed at improving the pace of land reform, which currently stand at 5% of the land being transferred to black South Africans against a target of delivering 30% by 2014. While the government has called for patience in this regard, some urgent intervention is required, lest South Africans lose patience and undertake land invasions on a sustained basis.     

Thabo Mbeki’s African developmental agenda through Pan-Africanism and the African renaissance

In 1996, the then South African deputy president thabo Mbeki opened parliament with his since then acclaimed ‘I am an African’ speech. Subsequently, Mbeki publicly persuaded Africans to embrace and advance the concept of an African renaissance for Africa’s development. While Mbeki’s African renaissance project was welcomed on the one hand; on the other, it was anticipated that it would be an elitist project. In this article, it is argued that to the contrary, the African renaissance as pursued by Mbeki has sought to benefit ordinary Africans in a practical sense. This article uses a historical narrative approach so as to give a historical context against which Mbeki’s African renaissance emerged, highlighting the successes, failures, constraints, setbacks and challenges that he had to confront. the argument is that African intellectuals and academics who correctly point out the absence of a mass-based African renaissance movement must not stand apart and merely point fingers, but must be actively engaged in the realisation of the African renaissance ideals.     

Towards an Afrokology of knowledge production and African regeneration

Abstract

This article addresses the issue of the scientificity of studying and generally investigating historical phenomena in which African achievements are properly recognised and appropriated as such by all humanity. This approach is not necessarily African‐centric or Afrocentric. It is a universal scientific approach that goes beyond Eurocentricism. It recognises other sources of knowledge as valid within their historical, cultural or social contexts, and seeks to dialogue with them. It recognises tradition as a fundamental pillar in the creation of such cross‐cultural knowledge in which Africans can stand out as having been the forebearers of much of what is called a Greek or European heritage. This scientific approach is provisionally called Afrokology, which encompasses the philosophical, epistemological and methodological issues, all seen as part of the process of creating an African self‐understanding that can place Africa in today's global world, and in which it is recognised as a full partner and forebear of much of the human heritage.

African scholars must pursue knowledge production that can renovate African culture, defend the African people's dignity and civilisational achievements and contribute afresh to a new global agenda that can push humanity out of the crisis of modernity as promoted by the European Enlightenment. Such knowledge must be relevant to the current needs of the masses, which they can use to bring about a social transformation out of their present plight. We cannot just talk about the production of ‘knowledge for its own sake’ without interrogating its purpose. There cannot be such a thing as the advancement of science for its own sake. Those who pursue ‘science for its own sake’ find that their knowledge is used for purposes which they may never have intended it. Eurocentric knowledge is not produced purely for its own sake. Its purpose throughout the ages has been to enable them to ‘know the natives’ in order to take control of their territories, including human and material resources (Said 1978) for their benefit. Such control of knowledge was used to exploit the non‐European peoples, to colonise them both mentally and geo‐strategically, as well as to subordinate the rest of the world to their designs and interests. This article adopts and explores Afrokology, a philosophical, epistemological and methodological approach that emphasises that Africa's achievements are recognised.

The issue of an African Renaissance, which has been advanced politically, especially by the South African President Thabo Mbeki, cannot be viewed as an event in the politics of the African political elites, although that may be their purpose. It has to be taken up, problematised, interrogated and given meaning that goes beyond the intentions of its authors, and involve the masses of the African people in it if it has the potential to mobilise. It can be used as an occasion for beginning the journey of African psychological, social, cultural as well as political liberation. It can also be used as a mobilisation statement and the basis for articulating an African agenda for knowledge production that is not only relevant to African conditions, but also sets an agenda for the reclaiming of African originality of knowledge and wisdom, which set the rest of human society on the road of civilisation.     

A response to Steven Feierman’s ‘writing history: flow and blockage in the circulation of knowledge’

ABSTRACT

This paper responds to Steven Feierman’s ‘Writing history: flow and blockage in the circulation of knowledge.’ Feierman has noted that most of the publications produced in Tanzania, and in Africa more generally, do not circulate to America. As a result, American scholars do not have access to such publications. The consequence of this phenomenon is that American scholars have difficulty producing African historical knowledge that is rich in context. While agreeing with Feierman’s thought-provoking intervention, this paper makes three main propositions. First, while acknowledging the problem of knowledge circulation between Africa and America, the paper renders visible an equally serious and disturbing reality: that the circulation of knowledge between African institutions is far more limited than it is between Africa and America or Europe. Many Africans consume knowledge that is largely produced in America and Europe. Secondly, while agreeing with Feierman that many scholars in America have difficulty producing historical knowledge about Africa that is rich in context, the paper argues that it is still possible for historians to produce contextually-rich knowledge. To do so, it is proposed, such historians need to craft locally-based methodological strategies that are sensitive to Africans’ perspectives on their changing cultural and physical world. Finally, while recognising that the limited circulation of knowledge is an important reason for some American scholars to produce historical knowledge about Africa which is rich in context, the paper offers four additional explanations on this problem, namely the failure of some scholars to conduct sustained primary field research in Africa; lack of personal sacrifice, a proper attitude and commitment to do long-term research in Africa; the tendency of some scholars from America to make no effort to find works produced in African institutions of higher learning when they visit Africa; and the growing over-reliance on digitised sources of information for producing histories, sources which can hardly capture such things as emotions, feelings, thoughts, silences, or cosmologies that are inevitable in the production of contextually-rich historical knowledge.     

The Management of Democratic Elections in Africa (MDEA) programme at the university of South Africa: Is this the right path towards African solutions?

There have been a number of initiatives in Africa to rid the Continent of political instability, conflict, poverty and disease. Many have argued that aid from the West has helped Africa in many ways—from stopping wars, to food relief and rescuing the African environment. Yet others have slated Western involvement which they contend, frequently leaves Africans dependant rather than capable of solving their own problems. In line with the pan-Africanist and the African Union (AU) ideals, there is now a realisation by Africans that there is a need to find African solutions to African challenges and problems. This review article explores the University of South Africa’s (Unisa’s) Management of Democratic Elections in Africa (MDEA) programme, by looking at its objectives and the reason why it must be labelled a Programme, its mandate, which is in line with the brief of the AU and pan-Africanist ideals. The article focuses on how Unisa’s programme responds to the African Charter on Democracy, Elections and Governance (ACDEG); and how it has attempted to facilitate knowledge for peace in Africa, through empowering electoral officials from various African states. The article concludes by looking at the successes and limitations of the Programme over a five-year period, from its inception in 2011.     

Towards a military doctrine for humanistic intervention in African conflicts

Abstract

The article is presented against the background of the need for African military forces to deal with the complexities that come with leading and participating in multinational military operations in Africa. The research problem that guided this research is: What should the doctrine of military forces in Africa be to enable them to work together as part of the multinational forces while serving African interests? The aim is to investigate the possibility of a military doctrine that would serve African interests in the context of the reality of a multinational approach to military intervention. This aim has been achieved by offering theoretical assumptions on military doctrine, multinational military intervention and humanistic values in Africa to form a theoretical framework for deploying the argument. An in-depth discussion of African military practice prior to colonialism, the multinational and humanistic nature of military operations since the end of the previous century, as well critical reflections on the quest for a military doctrine that reflect the humanistic values of Africa resulted in some important findings. The main finding is that the people of Africa have accumulated a wealth of military knowledge over many centuries that is sufficient to develop an endogenous (home grown) military doctrine that can serve the African people. An endogenous military doctrine would be based on the principles of people-centredness; flexibility; collectiveness; affordability and institutionalisation to place African humanistic values and continental policies at the forefront in strategic decision-making and implementation. Taking into consideration the above-mentioned principles some practical measures are recommended.     

Imagining a dialectical African modernity: Achebe's ontological hopes,Sembene's machines,Mda's epistemological redness

In Chinua Achebe's book of essays Hopes and Impediments, he asserts that Nigeria's failure to ‘develop’ and ‘modernise’ like Japan is because of a ‘failure of imagination’. Yet for many Africans, modernity is a tainted ‘gift’ because it was introduced into the African continent along with European colonial capitalism which simultaneously caused an ontological crisis of self. Although many Africans want to ‘catch up’ with the West, how is it possible when Western technological superiority was equated with white racial superiority? Achebe declares that, as Africans ‘begin their journey into the strange, revolutionary world of modernization’, literature should function as guide. Hence, I examine Ousmane Sembene's novel God's Bits of Wood which depicts Africans laying claim to ‘race-less’, ‘language-less’ ‘machines’. But does (Western) technology change culture? Can African culture appropriate technology to form a dialectical African modernity? If so, what role does ‘tradition’ play? In Zakes Mda's The Heart of Redness, we witness the emergence of a traditional modernity made possible by a dialectical epistemology.     

African indigenous ecology control and sustainable community livelihood in southern African history

Abstract

Based on sources for African Indigenous Ecology Control and Sustainable Community Livelihood in Southern African history this article argues that political independence in the Southern African region has altered the historiography of the region and the African continent as a whole. Black Africans are now looking to the past for inspiration to constitute the foundations of sustainable livelihoods using their own indigenous knowledge systems (IKS) and resources. The indicatives of the African Renaissance also demand that we draw on the significance of the control by pre-colonial African communities of their ecosystems. Existing testimonies show prosperity among pre-colonial African communities in the region. The argument is that, in order to restore the historical achievements of Africans in the region, IKS should form a constitutive part of education.     

Race Revisited: Against a Cultural Construction bearing Significant Implications

Abstract

More often than not, academics of African descent—from the continent, the diaspora, or other parts of the world—have been trained in Western and Middle Eastern-oriented disciplines that espouse the race paradigm. Imbued with race theory, they seek spiritual, social, and political solutions to critical race issues, in some cases unwittingly maintaining the cultural structure of the dominant group from which the construct arises. This article highlights the creation of race and race identity by European, Indo-Aryan (white), and Middle Eastern (Semitic) men and women, sanctified by religious ideals that advanced their societies and stigmatised Africans, based on the melanin content of their skin. In these cultural orientations, the blackest-skinned women, men, and children are devalued, debased, and demonised. Race is used as a cultural strategy for fabricating human history and distinctions, shaping thinking, behaviours, and exploits that continue to have deleterious, far-reaching consequences for dark-skinned people across the world. In the light of this critical dilemma, and from an Afrocentric perspective, this article interrogates whether Black academicians in non-African and African cultures can shed the cultural constraints of race as identity, and understand the development of cultural identity as the basis of more progressive ideas regarding humanity.     

‘Our songs were our stones’: song and struggle in the treatment action campaign

With 3 million people receiving anti-retroviral therapies (ARV) in South Africa, it has the largest public ARV programme in the world. The implementation of this programme was made possible by the efforts of AIDS advocacy groups that lobbied the government to make ARV available. Chief among these was the Treatment Action Campaign (TAC). The group mobilised South Africans across socio-economic and racial lines against the AIDS denial of key members of the African National Congress (ANC). Through interviews with TAC members and ethnographic accounts of ©current activism, this paper examines song as a method of mobilisation against HIV/AIDS-related injustices. As instrumental components of the liberation struggle, songs have become ubiqioutus within protest action, as demonstrated by the recent hashtag student movements. By utilising similar forms of rights-based activism found in the country's liberation struggle, TAC is able to tap into reservoirs of emotional potential rooted in political struggle.     

China’s Oil Venture in Africa

Oil has long been viewed as a strategic resource for nations. China is now the world’s second largest oil-consuming country after the U.S.. Its global efforts to secure oil imports to meet increasing domestic demand have profound implications for international relations in the Asia-Pacific region. China’s rising oil demand and its external quest for oil have thus generated much attention. As China’s overseas oil quest intensifies, will China clash with the U.S. and other western countries’ interests in Africa, and how dose it look at this rivalry? Will China disrupt the U.S. and its allies’ foreign policy and the world order? This article tries to provide an overview of China’s initiatives in developing oil in Africa. It examines factors for Chinese oil companies going to Africa and China’s oil strategy there. Finally, it argues that even though China’s practices of energy diplomacy in Africa seem to undermine U.S. goals of isolating or punishing “rogue states”, contrary to those pessimistic views, China has largely accommodated the U.S. and is willing to forge joint efforts with the U.S. in energy exploration in Africa.     

In search of elusive humanity: Philosophy in 159 years of Africa's independence

ABSTRACT

This article was developed from a paper presented at the Unesco World Philosophy Day Symposium hosted by the University of South Africa, 21 November 2006, under the theme ‘Philosophy and 159 years of Africa's Independence.’ It explores the subject through the prism of African humanity from the perspectives of Western philosophy, traditional African philosophy and contemporary African philosophy, exposing the weaknesses of each in their treatment of the African. Throughout, the article endeavours to deconstruct the elitist self-image of the discipline and concludes by questioning the utility of philosophy in enhancing development in modern Africa.