School of Law (S.Law)

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Browsing School of Law (S.Law) by Subject "Armed conflict"
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    Victim or perpetrator - a critical analysis of the laws on rights of children involved in armed conflict : a case study of the Dominic Ongwen case
    (Makerere University, 2022) Ssemwogerere, Samuel
    This dissertation analyses the effectiveness of the laws on the protection on the rights of children taking part in armed conflicts in Uganda, putting in mind child soldiers whether they are the victims or perpetrators of armed conflicts. The research focuses on the case of Prosecutor v. Dominic Ongwen, which is the case study of this research. Through this analysis, this study seeks to clarify whether or not the implementation of the International Humanitarian Laws in place on the protection of children in armed conflicts especially in Northern Uganda and worldwide has been met. It has been argued that to properly implement an effective system of repression of violation of rights of children during armed conflicts, IHL confers upon States, as signatories a duty to protect its civilians which they are legally obliged to do, and whether that was the case in Northern Uganda remains an issue of debate. The research explores the analysis of the efficacy of the application of the laws on protection of children during armed conflicts in Uganda. The research alleviates the general introduction of the notion of international humanitarian law and perception of protection of children under international humanitarian law. The study gives a deeper analysis of the legal and administrative frame work on international humanitarian law in Uganda and probes the various mechanisms of the application of international humanitarian law as regards protection of children during armed conflicts and fostering their access to justice. The study analyses International law on child protection in armed conflict paying attention to International Humanitarian Law and International Human Rights Law provisions on the protection of children (UN CRC, Additional Protocols on protection children in armed conflict) and International criminal law provisions on protection of children (Rome statute of the ICC, statutes on the establishment of ICTR, ICTY, International Court of Sierra Leone and looking at cases like, Prosecutor v. Thomas Lubanga Dyilo and the Charles Taylor before the SCSL). The study provides a case study on victim or perpetrator; A critique of the Prosecutor v. Dominic Ongwen case. Dealing mainly with protection of children during armed conflicts, and drawing a nexus between a child soldier as victim and perpetrator of armed conflicts, among others. The study then makes recommendations and conclusions by the researcher and how these can be undertaken to enhance application of IHL in Uganda in relation to protection of children rights during armed conflicts.
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    Women's right to food in situations of armed conflict : a case study of Bobi internally displaced persons camp in Gulu District
    (Makerere University, 2012) Okello, Atim Harriet
    The principle objective of this paper is to explore conditions of Women's Right to Food in situation of Armed Conflict with a view of exposing the level of Protection of these Rights among Women in Bobi IDP Camp Gulu District. While refugees are accorded international protection worldwide and the instrument governing them is well laid in the Policy and Legal instruments, there is no single agency in the UN System mandated to protect and care for the Internally Displaced in general and women in particular. The study used qualitative methods to collect data about women's right to food which is more descriptive than numerical. Quantitative method was also used in the analysis of data collected. Bobi IDP Camp was used as a case study for the purpose of intensive that is hoped to produce results to be generalized to other camps. The study revealed that although the entire communities suffer the consequences of armed conflict, women are particularly affected because of their status in society and their sex. Results also revealed that though armed conflict is by no means negative and it impacts on women, it can also be a time of empowerment as they take over roles traditionally performed by men. This allows women the opportunity to develop new skills because they assume the roles of ensuring family livelihood in the midst of chaos and destruction. The study also found that in spite of repeated policy commitments on the implementation of the right of food and other social, economic and cultural rights as highlighted in various policy statements on food security, it is apparent that the current neo-liberal economic frame work being is incapable of creating the conditions necessary to promote the attainment of the right of food in Uganda in Uganda and the on the rights to food are fragmented and are not sufficiently coordinated. In conclusion, the paper examined the legal and institutional frameworks on the right to food that obtains in Uganda as well as both legal and extra legal issues that abstract its rapid and full realization. The paper also made several observations on the right to food in Uganda generally which also has an impact to the protection of women's food in Bobi IDP Camp and made several recommendations with a strong emphasis on engaging women in the designing and distribution of humanitarian assistance as an effective strategy for targeting relief and other programmes since they know best the needs of their families.