East African journal of law and ethics最新文献

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Analysis of the Extent of Protection Accorded to Civilians, Civilian Populations, and Civilian Objects by International Humanitarian Law in Armed Conflicts 分析武装冲突中国际人道主义法对平民、平民群体和民用物体的保护程度

East African journal of law and ethics Pub Date : 2024-03-16 DOI: 10.37284/eajle.7.1.1823

Mwita John

{"title":"Analysis of the Extent of Protection Accorded to Civilians, Civilian Populations, and Civilian Objects by International Humanitarian Law in Armed Conflicts","authors":"Mwita John","doi":"10.37284/eajle.7.1.1823","DOIUrl":"https://doi.org/10.37284/eajle.7.1.1823","url":null,"abstract":"Protecting civilians, civilian populations, civilian objects, and other persons who do not actively participate in hostilities is a cornerstone of International Humanitarian Law. The 1949 Geneva Conventions and the 1977 Additional Protocols I and II constitute an international humanitarian legal framework for protecting civilians, civilian populations and civilian objects during armed conflicts. Facts have it that civilians, civilian populations, and persons who no longer take an active part in warfare are the ones who suffer the most from the effects of war. International Humanitarian law seeks to ensure that civilians and civilian populations are not subjected to attacks, actual violence, or threats of violence during armed conflicts of international and non-international nature. This Article analyzes the extent to which civilians, civilian populations, and civilian objects are protected by International Humanitarian Law whereby more specifically, the author analyzes relevant provisions of Geneva Convention IV Relative to the protection of Civilian Persons in Time of War of 1949, Additional Protocol I relating to the Protection of Victims of International Armed Conflicts, of 1977, and Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts, of 1977 and finally recommends inter alia that international humanitarian law should develop a new body of Law to protect innocent civilians following the emerging global war on terrorism owing to increased difficulties of distinguishing terrorists from civilians","PeriodicalId":472874,"journal":{"name":"East African journal of law and ethics","volume":"49 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140236084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Cultural Role of Civil Societies and the National Parliament in the Domestic Enforcement of International Laws on Corruption in Tanzania 民间社会和国民议会在坦桑尼亚国内执行反腐败国际法中的文化作用

East African journal of law and ethics Pub Date : 2023-12-09 DOI: 10.37284/eajle.6.1.1615

Rasel Madaha

{"title":"The Cultural Role of Civil Societies and the National Parliament in the Domestic Enforcement of International Laws on Corruption in Tanzania","authors":"Rasel Madaha","doi":"10.37284/eajle.6.1.1615","DOIUrl":"https://doi.org/10.37284/eajle.6.1.1615","url":null,"abstract":"Social structures composed of active and responsible actors can be essential in curbing corruption. However, studies focusing on culture and corruption, especially in Africa, are scant. This article has focused on the role of culture in influencing anti-corruption efforts and enforcing international law on corruption in Tanzania. Using ethnography, the paper responds to two questions: What is the cultural role of civil societies and the media in influencing the domestic enforcement of international law? Furthermore, what is the cultural role of the Tanzanian legislature in influencing the domestic enforcement of international law? A cultural study can only be conducted after some time. It calls for a longitudinal study that considers a local context. In this regard, a case study research design has been used. The technique can explore issues over a long period and examine context-specific issues. Overall, the study's findings highlight the development of a unique culture among civil societies, which prompts the Parliament to create and formalize anti-corruption measures. The paper adds to international law, corruption, and culture scholarship","PeriodicalId":472874,"journal":{"name":"East African journal of law and ethics","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138585480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania 《儿童法》对坦桑尼亚无遗嘱习惯法规则的法律影响

East African journal of law and ethics Pub Date : 2023-10-29 DOI: 10.37284/eajle.6.1.1541

Fatuma Adam Mgomba

{"title":"Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania","authors":"Fatuma Adam Mgomba","doi":"10.37284/eajle.6.1.1541","DOIUrl":"https://doi.org/10.37284/eajle.6.1.1541","url":null,"abstract":"This paper explores legal implications of Child Act, 2009 concurrently with the intestate rules of customary law in Tanzania (to be on referred as intestate rules). From the discussion it is evident that little study has been done on this area of law since the colonial masters left 60 years ago. The main issue that this paper identifies is the inequality in provisions of the intestate succession laws, which is contrary to the provisions of equality, brought about by the Law of Child Act dispensation. The article also seeks to unearth contradictory application of the intestate rules of customary law in Tanzania. Reference is made to the leading judicial decisions which directly affects and alters the intestate rules. This is followed by a brief discussion of unequal intestate rules and judicial decisions. The inroads to be made in order to improve children right to parental property in this field of intestate rules are suggested including reform in this area of law. This study is limited to the applicability of codified intestate rules from patrilineal societies as provided under the Local Customary Law Declaration Order (NO. 4), GN 346/1963(to be referred as GN 436/63 to be referred as GN 436)","PeriodicalId":472874,"journal":{"name":"East African journal of law and ethics","volume":"52 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136135540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0