Overview of the Legal Limitations Affecting Prosecution of Core International Crimes in Tanzania

Author

Selestina Raphael Kunambi & Dr. Said Msuya

Abstract

 The article examined the overview of legal limitations on prosecution of core international crimes within Tanzania criminal justice system, concentrating on legal limitations affecting prosecution of core international crimes in Tanzania. Tanzania as state party to the Rome statute but has dualist legal requirement; hence, absence of adequate domestication laws prevents Tanzania from effectively prosecuting genocide, war crimes and crime against humanity. The article finding founded that, country constitutionally established and functional criminal justice system, ineffectively equipped to deal with complexity and gravity of genocide, crimes against humanity, war crimes, and crime of aggression. The domestic legal framework designed primarily for ordinary criminal offences rather than international crimes. Lack of particular law containing core international crimes in accordance with the Rome Statute, resulting in reliance on common offenses such as murder, rape, and assault. Tanzania's dualist legal system precludes the direct application of international criminal law, which means that international treaties like the Rome Statute are not enforceable in local courts unless incorporated. This creates a considerable disparity between Tanzania's international commitments and domestic enforcement capabilities.

Keywords

Core International Crimes, Prosecution of Core International Crimes and Legal Limitations

Full Text:

Download Paper PDF

References

• The Government to enact Comprehensive International Crimes Legislation, to the extent that Tanzania should pass a special International Crimes Act that fully incorporates the definitions of genocide, crimes against humanity, war crimes, and aggression as defined by the Rome Statute. Establishes clear jurisdictional standards for domestic courts and imposes suitable penalties that reflect the nature of the crimes. This would eliminate the reliance on regular criminal offenses and close the current legal gap.
• The Government is recommended to reform evidence law for International Crimes; The Evidence Act should be modified to Allow the admissibility of transnational forensic and documentary evidence. Provide safeguards for vulnerable and protected witnesses as well as to recognize contextual evidence related to systematic crimes.
• The Government is recommended that the Rome Statute should be formally incorporated into domestic law by implementing legislation. This would make the ICC crimes directly relevant in Tanzanian courts. Strengthen compliance with international duties and improve complementarity between domestic courts and the ICC.
• The Government is recommended to introduce command responsibility and superior liability. Legal reform should contain clauses that recognize military and civilian supervisors bear responsibility for crimes committed by their subordinates, as well as liability for failing to prevent or punish international crimes. This is critical for holding high-level leaders responsible.
• The Legislature is recommended to strengthen Procedural Law for Mass Atrocity Crimes. The Criminal Procedure Act should be amended to include Procedures for handling complex multi-victim trials, Special rules for international or cross-border evidence, Enhanced witness protection mechanisms and Victim participation and reparations frameworks.
• The Government is recommended to provide special trainings to judges, prosecutors (DPP officers), and police investigators who should all receive better training. The focus areas should include International criminal law principles, investigation of mass atrocities and using ICC jurisprudence.
• The Judiciary is recommended to enhance judicial engagement with International Law. Courts should be motivated to Interpret domestic law in accordance with international criminal law principles, and rely on the ICC and international jurisprudence for interpretive guidance.
• The DPP is recommended to establish specialised units for International Crimes. Tanzania should explore setting up a specialised international crimes prosecution unit inside the DPP's office, as well as dedicated investigative units within the Police Force. This would improve efficiency in managing difficult instances.

Share your valuable work from Social Media Buttons