geciafrica GLOBAL EMERGENCY AND COUNTERTERRORISM INSTITUTE

CRIMINAL AND MILITARY JUSTICE RESPONSES

Assessment of  current criminal and military justice responses and search for alternative justice mechanisms

Independent Judiciary: lessons from South Africa

 Serges Djoyou Kamga, Prof and Gerard  Kamdem Kamga, LLD

 First published in

Wahab Egbewole (editor) Judicial Independence in Africa, Wildly, Simmonds & Hill Publishing. 2017

 

Abstract:

Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government...

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Emergency regimes in Cameroon: derogations or failures of law

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

Africa Journal of International and Comparative Law

 Vol. 25 (4) 2017_519-537

Abstract:

The paper engages with the issue of emergency regimes in Cameroon and compliance with the international standards on that matter. Emergency regimes which entail human rights violation and infringement of the rule of law have become over the years an essential technique of government. Authorities are inclined to invoke such regimes more in times of democratic competition than in times of real external threat to the existence of the state....

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Rule of law and human rights on hold: the emergence of extreme emergencies in modern states

Gerard Emmanuel Kamdem Kamga, LLD

 First published in

OIDA International Journal of Sustainable Development Vol. 08 (09) 2015_79-86

Abstract:

The purpose of this paper is to discuss new mechanisms of suspension of law and human rights in modern states. Traditionally there are two possible ways of bringing human rights and the rule of law to a standstill: firstly, through the concept of limitations and secondly through that of derogations. Owing to their intrinsic nature that may bring about abuses of all sort including the concentration of powers to the profit of the executive power, the establishment of a totalitarian state such as that of the Nazi Germany under Hitler, the concept of limitations and derogations are currently subject to a strict regulation ...

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