http://hdl.handle.net/10500/2749 Thu, 20 Jun 2013 03:23:11 GMT 2013-06-20T03:23:11Z http://hdl.handle.net/10500/9741 The role of the United Nations in preventing violent conflicts : lessons from Rwanda and Sudan Chikuni, Eshilla The occurrence of internal armed conflict in Africa has increased over the last two decades. As such, Africa continues to be viewed by many as a troubled continent. In an attempt to avoid further conflict in Africa, organisations such as the United Nations have implemented comprehensive tools and strategies to prevent further conflicts from occurring. However, the genocide in Rwanda and the on-going unrest in Sudan have shown that there is still a lot of work to be done. In both these cases, the conflicts took place or escalated even with UN presence on ground. This paper will thus examine the UN's legal role in the prevention of internal armed conflict and establish the type of lessons that could be learnt from Rwanda and Sudan. Sun, 30 Jun 2013 00:00:00 GMT http://hdl.handle.net/10500/9741 2013-06-30T00:00:00Z http://hdl.handle.net/10500/9040 Sentencing Terblanche, SS The article contains a systematic discussion of all noteworthy judgments dealing with issues related to sentencing. It assesses these judgments against the background of applicable law, and attempts to make a contribution to the improvement of sentencing practices where relevant. Sat, 01 Jan 2011 00:00:00 GMT http://hdl.handle.net/10500/9040 2011-01-01T00:00:00Z http://hdl.handle.net/10500/8894 The punishment must fit the crime: Also when the offender has previous convictions? Terblanche, SS The extent to which previous convictions should influence the sentence of an offender is unclear and, in South Africa, not based on clear principle. Although most people feel instinctively that an increased sentence is justified, courts follow varying practices and long prison sentences for petty offences often result. The article considers current sentencing practices and discusses the theoretical frameworks that have been proposed internationally. It closes with submissions aimed at improving the current situation. Sat, 01 Jan 2011 00:00:00 GMT http://hdl.handle.net/10500/8894 2011-01-01T00:00:00Z http://hdl.handle.net/10500/8893 Judgments on sentencing: Leaving a lasting legacy Terblanche, SS It is generally accepted that sentencing is a particularly difficult part of the criminal process. Judicial discretion has an important role in sentencing. Several legal principles have been developed to guide the discretion. In South Africa it has been accepted that retribution as basis for sentencing was less important than prevention and rehabilitation. In the meantime many other jurisdictions returned to consider retribution as central to sentencing. To date our jurisprudence has largely ignored these developments. However, Judge Harms saw to it that our authorities also include these new approaches. His judgments always referred to a variety of foreign and local authority and kept both the bench and academics on their toes. With respect to the current development of South African law on sentencing, Judge Harms’s judgments were far ahead of their time. Fri, 01 Feb 2013 00:00:00 GMT http://hdl.handle.net/10500/8893 2013-02-01T00:00:00Z