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African Journal of Law and Justice System (AJLJS) Volume 3, Number 1, June 2024
About This Edition
ISSN : 2753-3115 E-ISSN: 2753-3123
Table of Contents :
Regulating Incidence of Sexual Harassment in the Workplace-A Focus on Educational Institutions in South Africa
Anthony O. Nwafor and Koboro J. Selala7
The article discusses issues of sexual harassment in the workplace with an emphasis on educational institutions. As the regulatory instruments are usually institution-specific, the regulatory instruments in two educational institutions in South Africa were chosen for illustrative purposes. Through critical and analytical methods, the paper explores the reporting requirements, the impact of power dynamics on speedy reporting, and the motive for sexual harassment complaints. The extant relevant judicial decisions were judiciously deployed to lend credence to the position adopted by the authors. The paper concludes that the decision-makers should exercise caution so that the innocent are not vilified on a hoax complaint on account of society?s justified disdain for the seeming prevalence of sexual harassment incidents in the workplace.
Keywords: Sexual harassment, workplace, reporting, power dynamics, motive.
Accentuating the Need to Protect the Rights of Retail Sector Workers in the Era of the Fourth Industrial Revolution
Cherity S. Mathe and Kola Odeku 23
Holdout Litigation during the Debt Restructuring of Defaulting Sovereigns: A Plain Vileness or a Necessary Evil?
Olufemi Oluyeju and Maria Oluyeju41
Criminal Responsibility for War Crimes: An Explanation from Geneva conventions, Rome Statute and Judicial Pronouncements of the International Criminal Court
O.S. Oyelade and Ayoola Abuloye 63
The paper examined the criminal responsibility for war crimes. International Humanitarian Law sets out established rules to be followed during Armed Conflict and conduct of warfare. A gross violation or derogation from the set - out rules and conduct of warfare may constitute grave breaches of International Humanitarian Law and the State or individuals may be held accountable for such breaches. The paper further examined the Geneva Conventions, Rome Statute of the International Criminal Court (Rome Statute) and the judicial pronouncements of the International Criminal Court in order to determine grave breaches of International Humanitarian Law and who will be held responsible for such grave breaches. The paper categorised criminal responsibility into State responsibility, Individual responsibility and Command responsibility, (a variant of Individual responsibility). The paper particularly highlighted a major distinction between the Rome Statute and other legal frameworks in relation to individual criminal responsibility. The paper also elaborated on war crimes in respect of its definition, constituent and culpability. The paper recommended that combatants who are found liable of grave breaches of the Geneva conventions or the Rome Statute in the conduct of warfare would be held responsible and prosecuted for war crimes. This will provide a check to combatants during Armed Conflicts in fighting war according to the rules and conduct of warfare.
Keywords: Criminal responsibility, State responsibility, War crimes, Conventions, Statutes, Judicial pronouncements.
Analysing the Application of the Lex specialis derogat legi generali Principle in Peter Obi v. INEC (2023): A Focus on Issue Two; Electronic Result Transmission
Izoukumor Afedolor Noah89
In Support of the Absolute Prohibition of Torture in Zimbabwean Criminal Justice System: The Necessity for a Torture Legislation in Zimbabwe
Sharon Hofisi99
[abstract]
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