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| Title: | Alternative mechanisms of justice and deterrence of future atrocities in Uganda |
| Author: | Ahanor, Stella N. |
| Year: | 2013 |
| Periodical: | Journal of African and international law (ISSN 1821-620X) |
| Volume: | 6 |
| Issue: | 2 |
| Pages: | 325-361 |
| Language: | English |
| Geographic term: | Uganda |
| Subjects: | legal procedure punishment reparations victims truth and reconciliation commissions amnesty |
| Abstract: | The northern part of Uganda has been grossly affected by civil war, ongoing for over twenty-five years, and alternative mechanisms of justice, including traditional justice and amnesty, have been adopted in exchange for peace. This paper analyses theories of punishment and considers whether or not the sanctions meted out by alternative mechanisms of justice are sufficient to satisfy the goals of criminal punishment and consequently deter atrocities. The author argues that alternative mechaisms of justice have been useful in restoring a measure of peace to the region; however, a closer look reveals that they also have weaknesses. One of the ways the offender was punished under the traditional mechanism of justice is through compensation of the victim. However, the offenders have often been too poor to compensate their victims. The traditional mechanism of reconciliation, greatly sidelining the retributive aspect of punishment, has also been ineffective. The author argues that, in the long run, traditional justice and amnesty will not serve as a deterrent of future atrocities because they lack effective punitive features. A comprehensive model of justice is outlined and recommended aiming to meet the needs of all victims in a more satisfactory way. Notes, ref. [ASC Leiden abstract] |