This comprehensive, compelling, accessible and timely volume should be compulsory reading to academics, policy makers, social activists, and the general public in Malawi and elsewhere on the continent. The accounts the authors present of the pervasive dysfunctions of Malawi's troubled experiment with multiparty democracy since the mid-1990s, and the endlessly deferred dreams of development, are often dispiriting. Yet, their bleak diagnoses are often accompanied by ameliorative prescriptions that are simultaneously bold and pragmatic. The book exudes a sense of hope that the struggles for a better future will continue. In itself the book represents a testament to the possibilities of the country's democratic dispensation, the need to unflinchingly confront the country's debilitating political and socioeconomic pathologies. Such a text would have been unthinkable during the dictatorship of the founding president, Dr. Hastings Kamuzu Banda.

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

The malign and long-lasting influence of Chicago police commander Jon Burge cannot be overestimated, particularly as fresh examples of local and national criminal-justice abuse continue to surface with dismaying frequency. Burge’s decades-long tenure on the Chicago police force was marked by racist and barbaric interrogation methods, including psychological torture, burnings, and mock executions—techniques that went far “beyond the usual beating.” After being exposed in 1989, he became a symbol of police brutality and the unequal treatment of nonwhite people, and the persistent outcry against him led to reforms such as the abolition of the death penalty in Illinois. But Burge hardly developed or operated in a vacuum, as Andrew S. Baer explores to stark effect here. He identifies the darkness of the Burge era as a product of local social forces, arising from a specific milieu beyond the nationwide racialized reactionary fever of the 1960s and 1970s. Similarly, the popular resistance movements that rallied in his wake actually predated Burge’s exposure but cohered with unexpected power due to the galvanizing focus on his crimes and abuses. For more than thirty years, a shifting coalition including torture survivors, their families, civil rights attorneys, and journalists helped to corroborate allegations of violence, free the wrongfully convicted, have Burge fired and incarcerated, and win passage of a municipal reparations package, among other victories. Beyond the Usual Beating reveals that though the Burge scandal underscores the relationship between personal bigotry and structural racism in the criminal justice system, it also shows how ordinary people held perpetrators accountable in the face of intransigent local power.

In this brilliant look at the rise of political Islam, the distinguished political scientist and anthropologist Mahmood Mamdani brings his expertise and insight to bear on a question many Americans have been asking since 9/11: how did this happen? Mamdani dispels the idea of “good” (secular, westernized) and “bad” (premodern, fanatical) Muslims, pointing out that these judgments refer to political rather than cultural or religious identities. The presumption that there are “good” Muslims readily available to be split off from “bad” Muslims masks a failure to make a political analysis of our times. This book argues that political Islam emerged as the result of a modern encounter with Western power, and that the terrorist movement at the center of Islamist politics is an even more recent phenomenon, one that followed America’s embrace of proxy war after its defeat in Vietnam. Mamdani writes with great insight about the Reagan years, showing America’s embrace of the highly ideological politics of “good” against “evil.” Identifying militant nationalist governments as Soviet proxies in countries such as Nicaragua and Afghanistan, the Reagan administration readily backed terrorist movements, hailing them as the “moral equivalents” of America’s Founding Fathers. The era of proxy wars has come to an end with the invasion of Iraq. And there, as in Vietnam, America will need to recognize that it is not fighting terrorism but nationalism, a battle that cannot be won by occupation. Good Muslim, Bad Muslim is a provocative and important book that will profoundly change our understanding both of Islamist politics and the way America is perceived in the world today.

This volume aims to go beyond the study of developments within Mexico’s criminal world and their relationship with the state and law enforcement. It focuses instead on the nature and consequences of what we call the ‘totalization of the drug war’, and its projection on other domains which are key to understanding the nature of Mexican democracy. The volume brings together chapters written by distinguished scholars from Mexico and elsewhere who deal with three major questions: what are the main features of and forces behind the persistent militarization of the drug war in Mexico, and what are the main consequences for human rights and the rule of law; what are the consequences of these developments on the public sphere and, more specifically, on the functioning of the press and freedom of expression; and how do ordinary people engage with the effects of violence and insecurity within their communities, and which initiatives and practices of ‘justice from below’ do they develop to counter an increased sense of vulnerability, suffering and impunity?

This book provides a comprehensive overview of the embattled Nuba Mountains of South Kordofan, where the Government of Sudan committed "genocide by attrition" in the early 1990s and where violent conflict reignited again in 2011. A range of contributors – scholars, journalists, and activists – trace the genesis of the crisis from colonial era neglect to institutionalized insecurity, emphasizing the failure of the 2005 Comprehensive Peace Agreement to address the political and social concerns of the Nuba people. This volume is essential reading for anyone who wants to understand the nuances of the contemporary crisis in the Nuba Mountains and explore its potential solutions.

Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundi’s formal state court justice system. This book argues that engaging with out-of-court justice in Burundi’s legal pluralism model may positively impact on people’s access to justice, particularly for the poor and the underprivileged.

The developed countries must encourage Nigeria and other African countries to display responsible leadership that accounts for their actions. This is an attribute of democracy, which involves strict adherence to the constitution of the country involved. Sectional domination of all the strategic positions has never helped development in any country. Any person or group of persons gaining from such should better know that such gain is only momentary. Sectional domination has given yield to high rate of corruption, wastage in human resources, and unnecessary bloodshed among other crimes. The ultimate aim of practical politics is attainment of power. One thing about power is that it carries certain obligations and responsibilities. The initial aim of the seeker may be to serve. Power is supposed to be used as a latent weapon for development and growth, if well managed, but never for destruction. Power is transient and must never be seen to be localized to any section. Otherwise, that system that provides the platform for the welder of such power will one day collapse and disintegrate into its component parts. Therefore, any person or group of persons suggesting or supporting sectional domination is simply encouraging the collapse of that system and should be held responsible for such. The Nigerian politicians and their militarys old game of business-as-usual looting of resources meant that development is better gone forever. Same goes for the sectional military coup coming to the rescue of its civilian government, using constitution drafting and state creation as means of diverting attention for consolidation until the environment is once more conducive for its civilian government. However, in Arthur Nzeribes Nigeria: The Turning Point, he says that leaders must know that politics or leadership is a serious business that involves millions of people. They must, therefore, recognize the significance of seriousness in policy making and must not toy with lives of these millions by altering the sectional domination.

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.