Professor Charlene Lubaale

LLB (Makerere University) LLM, LLD (UP)

Associate Professor

Email. e.lubaale@ru.ac.za

ORCiD

Staff member posing in portrait

Emma Charlene Lubaale obtained her LLB degree from Makerere University, and LLM and LLD degrees from the University of Pretoria in December 2011 and December 2015 respectively. Her LLD thesis titled “Bridging the justice gap in the prosecution of acquaintance child sexual offences: A case of South Africa and Uganda” engaged with the evidentiary and procedural barriers to advancing criminal accountability for this nature of offending. She joined the Rhodes Faculty of Law in April 2020 where she teaches the Law Evidence and Criminal Procedure. Prior to this, she taught and researched law at the University of Pretoria and the University of Venda. She is a Y-rated researcher by the National Research Foundation (NRF). In January 2020, she was appointed by the NRF to serve on the NRF Standing Panel for the Humanities and Social Sciences (HSS) from 2020 to 2023. She has served as a law reviewer for publishers including Springer Nature, Palgrave Macmillan, the Pretoria University Law Press, the Journal of Sexual Aggression, Speculum Juris, De Jure, South African Crime Quarterly and Journal of Law, Society and Development. Her current research interests are in criminal law from a domestic perspective, international criminal law, women and children’s rights. She is a member of the Network on International Law and Policy in Africa and the Organization for Women in Science (including the social sciences) for the Developing World.

 

Publications (2014-date)

Chapters in books

  • Emma Charlene Lubaale ‘The Procedural Barriers to Judicial Enforcement of Environmental Human Rights in Africa’ in Michael Addaney and Ademola Oluborode Jegede (Eds): Human Rights and the Environment under African Union Law (2020) (Book Chapter in Palgrave Macmillan- Springer Nature)- In Press.
  • Emma Charlene Lubaale, ‘Human rights-based reform of criminal law in Africa” in M. Addaney (Eds) Governance, Human Rights, and Political Transformation in Africa (2020) pages 149-171 (Book Chapter in Palgrave Macmillan- Springer Nature).
  • Emma Charlene Lubaale and Ademola Oluborode Jegede ‘Gross human rights violations in the context of armed conflicts: The cautionary tale that Uganda offers Nigeria’ 231-247 in Romola Adeola and Ademola Jegede (Eds.) Governance in Nigeria post-1999: Revisiting the democratic new dawn of the forth republic (Book chapter in Pretoria University Law Press 2018).
  • Emma Charlene Lubaale, “Advancing of LGBTI Rights through Corporate Social Responsibility in Uganda” in M Addaney (Ed) Women and Minority Rights Law in Africa: Re-Imagining Equality and Addressing Discrimination 125-143, (Book Chapter in Eleven International Publishing 2019).

Articles

  • Emma Charlene Lubaale ‘Limitations of the Ordinary-Crimes Approach to the International Crime of Rape” (2020)12 African Journal of Legal Studies 266–297.
  • Emma Charlene Lubaale ‘Legal pluralism as a lens through which to appreciate the role and place of traditional justice in international criminal justice’ (2020) Journal of Legal Pluralism and Unofficial Law, In Press.
  • Emma Charlene Lubaale ‘Making the case for mental health expertise in determining sentences in crimen iniuria cases: Insights from the Viki Momberg case’ (2019) De Jure 433-446.
  • EC Lubaale ‘Admissibility of evidence presented by children in sex abuse prosecutions in Uganda: The case for reforms’ (2015) Volume 5 African Journal of Law and Criminology 1-14.
  • EC Lubaale ‘Restorative justice and cases of serious offending: A South African and Canadian perspective’ (2017) Volume 38 Obiter 296 - 323.
  • EC Lubaale ‘Limitations on mandates of national human rights institutions: Perhaps a reconsideration is overdue’ (2014) Volume 20 East African Journal of Peace and Human Rights 17-43.
  • EC Lubaale ‘The recognition of the right of children to freedom from child labour in Africa: Is it enough?’ (2015) Afrika Focus 23-43.
  • EC Lubaale ‘Bokolo v S 2014 (1) SACR 66 (SCA): The practicality of challenging DNA evidence in court’ (2015) South African Crime Quarterly 39-47.
  • GP Stevens & EC Lubaale ‘Revisiting the historical context surrounding the development of the ultimate issue rule to inform its future in South African law of evidence’ (2015) Fundamina: A Journal of Legal History 94-117.
  • GP Stevens & EC Lubaale ‘Behavioural science evidence in child sexual abuse prosecutions in South Africa: A jurisprudential and comparative insight’ (2015) Obiter 25-51.
  • EC Lubaale ‘Beyond rhetoric to understanding Uganda’s dilemma to decriminalise consensual homosexual acts’ (2017) Afrika Focus 75-97.
  • EC Lubaale ‘Incidence of false child sexual abuse allegations: The case for rationality in the prosecution of child sexual offences’ (2016) Volume 49 De Jure 74-94.
  • GP Stevens & EC Lubaale ‘Post-traumatic stress disorder in child sexual abuse prosecutions: gaps and opportunities’ (2016)17 Child Abuse Research in South Africa: A South African Journal 1-9.
  • CU Mokoena & EC Lubaale ‘Decolonising prisons in South Africa: The need for effective bail affordability inquiries’ (2019)66 South African Crime Quarterly 31-40.
  • EC Lubaale ‘Strengthening the protective mandate of national human rights institutions: Lessons from Uganda, Kenya and Ghana’ (2016) Volume 5 Kenya Law Review Journal 133-156.
  • EC Lubaale ‘The first cultural-property conviction at the ICC: an analysis of the Al Mahdi judgment’ (2016) South African Yearbook of International Law 126-164.
  • EC Lubaale ‘The crime of attempted suicide in Uganda: the need for reforms to the law’ (2017) volume 4 Journal of Law Society and Development 1-19.
  • EC Lubaale ‘Military Courts and Prosecution of Offences by National Defense Forces in the Dawn of the Complementarity Regime: The Case of Uganda’ (2017) Criminal Law Forum 709-746.
  • EC Lubaale ‘The need for a contextual approach in identifying street-connected children for intervention’ (2016) International Journal of African Renaissance Studies 70-86.
  • EC Lubaale ‘The advent of plea bargaining in Uganda: Is Uganda’s criminal justice system cognizant of what it is up against?’ (2016) East African Journal of Peace and Human Rights 1-25.
  • EC Lubaale “The dominant role of commanders in the Sudanese military justice system and accountability for international crimes” (2018) Volume 26 African Journal of International and Comparative Law 391-406.
  • EC Lubaale “Accountability in national courts for international crimes against children” (2018) volume 31 Acta Criminologica 170-184.
  • SD Mavundla & EC Lubaale ‘Decriminalization of cannabis for personal use in South Africa’ (2018) African Human Rights Law Journal 819-842.
  • Crystal Mokoena and Emma Charlene Lubaale ‘Extradition in the absence of state agreements: Provisions in international treaties on extradition” (2019)67 South African Crime Quarterly 31-42.
  • Emma Charlene Lubaale “Reconceptualising “discipline” to inform an approach to corporal punishment that strikes a balance between children’s rights and parental rights” (2019) Child Abuse Research in South Africa: A Southern African Journal 36-50.
  • Charlotte Kabaseke and Emma Charlene Lubaale, “Making a case for recognition of women’s contribution in the legal framework for environmental conservation (in Uganda)” (2019) Stellenbosch Law Review 392-414.
  • Emma Charlene Lubaale “Confronting gender stereotypes as an entry point to realigning IAAF regulations with human rights and developments in science” (2019)3 Gender and Behaviour 392-414.
  • Emma Charlene Lubaale “Assessing the Human Rights Implication of Calls for Regulation of Faith-Based Organisations” (2019)33 Speculum Juris 11-25.

 

Last Modified: Sun, 14 Jun 2020 20:43:06 SAST