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First published in 1969, African Penal Systems is the first book to explore the problems of African criminology. Sixteen distinguished contributors- sociologists, lawyers, and psychiatrists- each an authority on some aspect of African penal problems, have collaborated to produce it. Its first part gives a general survey of the penal systems of some fourteen African countries, variously English, French, or Portuguese inclined, or wholly autochthonous. Part two includes six specialist contributions on various detailed problems in the development and operation of the modern African systems. In his introduction Alan Milner, describes the sociological forces responsible for the increase of crime in Africa and examines the possibility of the growth of a peculiarly African approach to the solution of its penal problems. This is a must read for scholars and researchers African Studies, criminology, and African Law.
This book contains the Revised Edition 2018 of the Penal Code of Kenya. Sex crimes are contained in the Sexual Offences Act of Kenya. The Sexual Offences Act is not part of this book. The law language is English.
Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law – war crimes, genocide, crimes against humanity and aggression – should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.
Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.
This book is an updated and reworked version of the thesis which was submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Faculty of Law, University of Pretoria.