Traditional courts and the struggle against state impunity for civil wartime offences in Mozambique

Igreja, Victor (2010) Traditional courts and the struggle against state impunity for civil wartime offences in Mozambique. Journal of African Law, 54 1: 51-73. doi:10.1017/S0021855309990167


Author Igreja, Victor
Title Traditional courts and the struggle against state impunity for civil wartime offences in Mozambique
Journal name Journal of African Law   Check publisher's open access policy
ISSN 0021-8553
Publication date 2010-04-02
Sub-type Article (original research)
DOI 10.1017/S0021855309990167
Volume 54
Issue 1
Start page 51
End page 73
Total pages 23
Place of publication Cambridge, United Kingdom
Publisher Cambridge University Press
Language eng
Abstract In the Mozambican context of the state amnesty for civil war crimes, war survivors have used their local ethics of reciprocity to create justice. This article analyses how survivors have attempted to persuade judges in traditional courts to adjudicate in serious wartime disputes. These judges, who have no official mandate to redress wartime offences, tried to preserve the conflicting interests of the litigants and the state. This positioning, coupled with the fact that the local ethics of reciprocity are embedded in uneven power and gender relations, resulted in some cases being adjudicated and others not, and in some disputes receiving no gender justice. Nevertheless, some of the interventions indicate that national and international institutions of justice are not the only ones engaged in the struggle against impunity for wartime crimes. In Mozambique, specific attention must be paid to the study of traditional justice mechanisms as fonts of redress for wartime crimes and for the long-term contribution they can make
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: Institute for Social Science Research - Publications
 
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Citation counts: TR Web of Science Citation Count  Cited 7 times in Thomson Reuters Web of Science Article | Citations
Scopus Citation Count Cited 9 times in Scopus Article | Citations
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Created: Fri, 16 Sep 2011, 11:18:13 EST by Victor Igreja on behalf of ISSR - Research Groups