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Advanced Criminal Justice

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Browsing Advanced Criminal Justice by Author "Gevers, Christopher Carl."

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    The crime of genocide under international and South African law: a critical race perspective.
    (2019) Moodley, Celeste Jadine.; Gevers, Christopher Carl.
    The racial politics of international criminal law has been the subject of controversy for a considerable amount of time. The conceptualization of “race” in the crime of genocide has, in particular, been persistently problematic. Apart from having avoided interpreting “race” in the crime of genocide altogether in some instances, international tribunals and authors have developed inconsistent and ambiguous methods of interpretations for genocidal acts committed against a racial group. As a result, international criminal law has produced interpretations of “race” in the crime of genocide that have fallen short of the strict rules of legal interpretation. Further, such interpretations have been inconsistent with both the very specific historical production of “race” and “racism” and the very specific way in which racial hegemony continues to shape contemporary law and society. In light of this, this study proposes an alternative theorisation of “race” for the crime of genocide using a Critical Race Theory perspective. Complementary to this endeavor, this study particularly considers South Africa’s unique race discourse and its possible implications for the interpretation of genocidal acts committed against a racial group in South Africa.
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    Illicit financial flows: the reason Africa is debtor to the rest of the world.
    (2021) Govender, Devandran.; Gevers, Christopher Carl.
    Multinational companies engaging in commercial transactions or activities are responsible for 60% to 65% of illicit financial flows that leave Africa. Although on average Africa experienced a 5% annual economic growth for the last decade, the problem is, Africa experiences huge challenges to use domestic resources for investments. GFI estimated that trade mis-invoicing makes up the largest portion of illicit financial flows. The problem is that the global legal system aimed at tackling illicit financial flows is based on the idea that the issue should be addressed by the domestic courts. This idea is not practical since illicit financial flows consist of the acquisition and the cross-border transfer of funds. The objective of this study is to explore the magnitude and manner in which trade mis-invoicing contributes to illicit financial flows and provide a solution to such problem. The study objectives will be achieved by researching the most recent data from domestic and international sources. The findings of this study indicates that the Malabo Protocol, which is a regional instrument offers the most practical solution for the illicit financial flows from Africa.