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Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis: A Disquisition on the Legal Framework.

Authors :
Teneng Cho, Derrick
Agbor, Avitus A.
Source :
Potchefstroom Electronic Law Journal. 2022, Vol. 25, p1-29. 29p.
Publication Year :
2022

Abstract

The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's Ê°democraciesÊ° which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the Englishspeaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17273781
Volume :
25
Database :
Academic Search Index
Journal :
Potchefstroom Electronic Law Journal
Publication Type :
Academic Journal
Accession number :
162217190
Full Text :
https://doi.org/10.17159/1727-3781/2022/v25i0a11343