Bongani Majola | |
---|---|
Born | |
Education | Master of Laws degree from Harvard Law School (1988), Bachelor of Laws degree from University of Zululand (1980) |
Occupation | Chairperson of the South African Human Rights Commission |
Years active | 2017–present |
Bongani Christopher Majola is an advocate of the High Court of South Africa, an academic, human rights scholar, and the previous Assistant Secretary-General of the United Nations (UN) International Criminal Tribunal for Rwanda [1] (ICTR). He currently serves as the chairperson of the South African Human Rights Commission.
Bongani Majola did his studies in law at the University of Zululand and obtained a Public Service Law Diploma in 1975, a Public Service Senior Law Certificate in 1977 and a Bachelor of Laws (LLB) degree in 1982. [1] [2] From 1982 to 1988 he was a senior lecturer and the Associate Professor of Law at the University of Bophuthatswana where he was responsible for teaching law courses to undergraduate and postgraduate students. [1] [2] Majola then became a professor and the dean of the law faculty at the University of the North from 1989 to 1996. [1] [2] [3]
Majola obtained a Master of Laws (LLM) degree from Harvard Law School in 1988. [1] [2] In 1990 he spent time at the School of Advanced International Studies at Johns Hopkins University in Washington, D.C., as a visiting professor, and in 1993/4 he was at Yale University as a research fellow. [4]
Majola's career began as an Administrative Clerk and Clerk of the Magistrate's Court from 1971 to 1974 in the Madadeni district in KwaZulu-Natal, [1] [2] where he conducted "mostly government clerical work including collection of revenue, population registration, writing reports and labour matters." His experience with criminal trials started in Madadeni when he was appointed the District Court Magistrate from 1977 to 1979, following which he was seconded to the Institute for Public Service Training at the University of Zululand as a magistrate and lecturer from 1979 to 1982 [1] [2] - which also coincided with his studies at the university. Majola served as a legal adviser to Theme Committee 3 of the South African Constitutional Assembly that was responsible for drafting the Constitution of South Africa in 1995. [1] [5]
After his academic career Majola moved to Johannesburg in 1996 where he was appointed the National Director of the Legal Resources Centre (LRC), which is a non-profit public interest law organisation that defends poor and marginalised people in South Africa. [1] [2] [4] [6] During his time at the LRC he was involved with the Treatment Action Campaign in 2002 in relation to the "constitutional provisions dealing with the right of access by poor people to medical [health] care." [4] In December 2000 Majola was elected to the board of the South African arm of the Open Society Foundations by billionaire and philanthropist George Soros. [1] [7] On the 21st anniversary of the LRC, Majola wrote an article about the significant contributions made by the LRC to the "development of a human rights jurisprudence and the strengthening of constitutional democracy" in South Africa. [8]
In January 2003 Majola left the LRC to become the Deputy Chief Prosecutor at the UN ICTR [1] [2] [4] headquartered in Arusha, Tanzania. [9] His work included supporting the Chief Prosecutor Hassan Bubacar Jallow in "the prosecution of suspects indicted for international crimes of genocide, crimes against humanity and war crimes committed during the Rwandan genocide of 1994." [1] In a report by the Institute of Security Studies on the investigation and prosecution of international crimes, Majola wrote an article on the work of the ICTR and the challenges pertaining to the prosecution of persons accused of "genocide, crimes against humanity and war crimes". [10]
After 10 years as the Deputy Chief Prosecutor of the ICTR, Majola was appointed by Secretary-General of the United Nations, Ban Ki-moon, as the Assistant Secretary-General of the UN and Registrar of the ICTR. [1] [2] His role as Registrar was to support the organs of the ICTR, which are the judges, the Chambers and the Office of the Prosecutor. [11] His duties also included being the head of the ICTR administration where he provided court management services, staff management, administrative support and Majola "handled related litigation within the UN internal justice system." [1] Following the successful conclusion of the mandate of the ICTR and its subsequent closure in December 2015, Majola left his position as the Assistant Secretary-General. [1]
On 2 December 2016 President Jacob Zuma appointed Majola as the chairperson of the South African Human Rights Commission. [12] Majola's seven-year term commenced on 3 January 2017.
Genocide is the intentional destruction of a people in whole or in part.
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.
Jean Kambanda is a Rwandan former politician who served as the Prime Minister of Rwanda in the caretaker government from the start of the 1994 Rwandan genocide. He is the only head of government to plead guilty to genocide, in the first group of such convictions since the Convention on the Prevention and Punishment of the Crime of Genocide came into effect in 1951.
Jean-Paul Akayesu is a former teacher, school inspector, and Republican Democratic Movement (MDR) politician from Rwanda, convicted of genocide for his role in inciting the Rwandan genocide.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
Hassan Bubacar Jallow is a Gambian judge who has served as Chief Justice of the Gambia since February 2017. He was the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) from 2003 to 2016, and Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT) from 2012 to 2016, both at the rank of United Nations Under Secretary-General. He served as Minister of Justice and Attorney General from 1984 to 1994 under President Dawda Jawara.
Stephen J. Rapp is an American lawyer and the former United States Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice.
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999.
Fulgence Kayishema is a Rwandan Hutu militiaman arrested for war crimes in relation to his role in the 1994 Rwandan genocide. Born in Kivumu, he was the inspector of the judicial police there at the time of the genocide. His indictment cites his involvement in massacres from April 6, 1994, until April 20, along with Athanase Seromba, Grégoire Ndahimana, Télesphore Ndungutse, the judge Joseph Habiyambere and the assistant mayor Vedaste Mupende.
Silvana Arbia was previously the Registrar of the International Criminal Court. After gaining experience as a judge and prosecutor in Italy, Arbia made her international début as a Senior Trial Attorney at the International Criminal Tribunal for Rwanda.
Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor, international lawyer and founder of Charles Anthony (Lawyers) LLP.
The Legal Resources Centre (LRC) is a human rights organisation based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahamstown. It was founded in 1979 by a group of prominent South African lawyers, including Arthur Chaskalson, Felicia Kentridge, and Geoff Budlender, under the guidance of American civil rights lawyers Jack Greenberg and Michael Meltsner, then Director-Counsel and former First Assistant Counsel of the NAACP Legal Defense and Educational Fund respectively.
United Nations Security Council resolution 955, adopted on 8 November 1994, after recalling all resolutions on Rwanda, the Council noted that serious violations of international humanitarian law had taken place in the country and, acting under Chapter VII of the United Nations Charter, established the International Criminal Tribunal for Rwanda (ICTR).
Sir Howard Andrew Clive Morrison, is a British lawyer and from 2011 to 2021 a Judge of the International Criminal Court based in The Hague, Netherlands. Currently UK advisor on war crimes to the Ukrainian Prosecutor General.
The International Residual Mechanism for Criminal Tribunals, also referred to as the IRMCT or the Mechanism, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) following the completion of those tribunals' respective mandates.
Laïty Kama, was a Senegalese lawyer of Serer heritage and the first president of the International Criminal Tribunal for Rwanda (ICTR). He was one of the longest serving judges of the ICTR.
Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.
Drew White (QC) is an international lawyer from Canada best known for his role in the conviction of Colonel Theoneste Bagosora, who the media dubbed "the mastermind" of the 1994 Rwanda genocide and who White referred to in his closing trial submissions as one of the "enemies of the human race".
Segun Jegede is an international lawyer from Nigeria who has practiced law for over three decades at domestic and international level. A prolific writer and author, Jegede's career highlights comprise his extensive work of over 13 years at the United Nations International Criminal Tribunal for Rwanda (UNICTR), and advocacy work in international criminal law through the Legal Watch and Human Rights Initiative, a registered non-profit organization he co-founded. His work at the UNICTR mainly revolved around the investigation and prosecution of some of the known masterminds of the egregious crimes committed during the Rwandan genocide. His perspectives of the historical events which led to the Rwandan genocide and the ground breaking case law generated by the UNICTR established to prosecute those who bear the greatest responsibility for the genocide are documented in his book, “The Rwandan Genocide: Historical Background and Jurisprudence”. In the book, Jegede provides a riveting account of the pre-genocide history of Rwanda, including the often overlooked elements that make the Rwandan genocide one of the worst human tragedies of our time. Through the cases, in an engaging and candid style, the Author reveals several ground breaking decisions of the UNICTR such as the pronouncement of rape as genocide and the conviction of a woman for rape as a crime against humanity. Jegede serves as a consultant for the International Labour Organization (ILO) on human trafficking issues and the National Human Rights Commission.