Browsing by Author "Swart, Mia"
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Item Gang violence or the continuation of an armed conflict by other means: the application of international humanitarian and criminal law to gangs as an organized non-state armed group(University of the Witwatersrand, Johannesburg, 2023-06) Pose, Jorge Claudio Lema; Swart, MiaThe purpose of this thesis is to develop the applicability of International Humanitarian Law and International Criminal Law to a specific organized criminal group (the maras or gangs in Central America).4 This thesis considers that this criminal actor (the maras) within the gangs presents many similar aspects to traditional non-state organized armed groups. Furthermore, the thesis will explain how the maras have instrumented a level of violence that, in practical terms, has reached the threshold of an armed conflict: in summary, International Humanitarian Law and International Criminal Law can be applied to the marasItem Gender and Transitional Justice in the Central African Republic(University of the Witwatersrand, Johannesburg, 2023) George, Lucia; Swart, MiaThe Central African Republic has been the scene for many years, even decades, of many conflicts and almost permanent political, social, and economic instability. During the most recent conflicts, in 2002/2003, and in 2012/2013 until today, women have been the first victims of Gender-Based Violence (GBV), understood in its broadest sense as also including violations of socio-economic and cultural rights of which they were the first targets or from which they suffered the most disproportionate consequences. This thesis proposes to assess whether the transitional justice mechanisms created in the Central African Republic can combat GBV by challenging the unequal gender norms and structures pre-existing the conflicts and, therefore, bring about a significant change in the life of women in the country. To do this, this thesis proposes to look at the concept of transformative justice to analyse what this concept means in theory and practice. In doing so, three different modes of justice will be successively studied: interactional justice, distributive justice, and normative justice from the perspective of a feminist analysis of transitional justice.