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  • The African Court of Justice and Human and Peoples' Rights in Context
  • Development and Challenges
  • Online publication date: May 2019
  • pp v-x
  • Publisher: Cambridge University Press

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Contents

  1. Notes on Contributors

  2. Preface

  3. List of Abbreviations

  4. 1Introduction: Origins and Issues of the African Court of Justice and Human and Peoples’ Rights

    Kamari M. Clarke, Charles C. Jalloh and Vincent O. Nmehielle

  5. Part IThe Wider Context of Transitional Justice in Africa

    1. 2The Place of the African Court of Justice and Human and Peoples’ Rights in the Prosecution of Serious Crimes in Africa

      Charles C. Jalloh

    2. 3Peace and ‘Justice’ Sequencing in Management of Violence in the Malabo Protocol for the African Court

      Kamari M. Clarke

    3. 4The African Union Transitional Justice Policy Framework and How it Fits into the African Governance Architecture (AGA): Promise and Prospects for the African Court of Justice and Human Rights

      George Mukundi Wachira

    4. 5The Advent of a Differentiated Accountability System: The African Court of Justice and Human Rights and the AU Transitional Justice Architecture

      Tim Murithi

    5. 6Concurrent Jurisdiction of the International Criminal Court and the African Criminal Chamber in the Case of Concurrent Referrals

      Erika de Wet

    6. 7The African Criminal Court: Towards an Emancipatory Politics

      Adam Branch

  6. Part IIThe Criminal Law Jurisdiction of the African Court

    1. AThe Crimes

      1. 8A Classification of the Crimes in the Malabo Protocol

        Charles C. Jalloh

      2. 9Perspectives on the International Criminal Jurisdiction of the African Court of Justice and Human Rights Pursuant to the Malabo Protocol (2014)

        Daniel D. Ntanda Nsereko and Manuel J. Ventura

      3. 10Genocide and Other International Crimes by Unincorporated Groups: Will There Be Loopholes for Them in the African Court?

        Hannibal Travis

      4. 11The Crime of Aggression in the African Court of Justice and Human and Peoples’ Rights

        Sergey Sayapin

      5. 12Transnational Crimes Jurisdiction of the Criminal Chamber of the African Court of Justice and Human and Peoples’ Rights

        Neil Boister

      6. 13Jurisdiction of the Criminal Chamber of the African Court of Justice and African Court of Justice and Humanand Peoples’ Rights

        Neil Boister

      7. 14The Crime of Piracy

        Douglas Guilfoyle and Rob McLaughlin

      8. 15The Crime of Terrorism within the Jurisdiction of the African Court of Justice and Human and Peoples’ Rights: Article 28G of the AU’s Malabo Protocol 2014

        Ben Saul

      9. 16The Crime of Mercenarism: A Challenge for the Judges of the New African Court

        José L. Gómez del Prado

      10. 17Combating Corruption Effectively? The Role of the African Court of Justice and Human Rights

        John Hatchard

      11. 18Money Laundering and the African Court of Justice and Human and Peoples’ Rights

        Cecily Rose

      12. 19Human Trafficking in Africa: Opportunities and Challenges for the African Court of Justice and Human Rights

        Tom Obokata

      13. 20Prosecuting Dirty Dumping in Africa

        Matiangai V. S. Sirleaf

      14. 21Illicit Exploitation of Natural Resources

        Daniëlla Dam de Jong and James G. Stewart

      15. 22Unconstitutional Change of Government: A New Crime within the Jurisdiction of the African Criminal Court

        Harmen van der Wilt

    2. BInstitutional and Procedural Issues

      1. 23Complementarity at the African Court

        Margaret M. deGuzman

      2. 24Defence and Fair Trial Rights at the African Court of Justice and Human and Peoples’ Rights

        Melinda Taylor

      3. 25Article 46L: Promoting an Effective Cooperation Regime

        Dire Tladi

    3. CModes of Participation, Immunity, Defences, Sentences and Reparations

      1. 26Modes of Liability and Individual Criminal Responsibility

        Wayne Jordash QC and Natacha Bracq

      2. 27Article 46C: Corporate Criminal Liability at the African Criminal Court

        Joanna Kyriakakis

      3. 28Administering International Criminal Justice through the African Court: Opportunities and Challenges in International Law

        Chile Eboe-Osuji

      4. 29Article 46A Bis: Beyond the Rhetoric

        Dire Tladi

      5. 30Defences to Criminal Liability

        Sara Wharton

      6. 31Sentencing and Penalties

        Mark A. Drumbl

      7. 32A Promise Too Dear? The Right to Reparations for Victims of International Crimes Under the Malabo Protocol of the African Criminal Court

        Godfrey M. Musila

  7. Part IIIThe Human Rights Jurisdiction of the African Court

    1. 33The Human Rights Jurisdiction of the African Court of Justice and Human and Peoples’ Rights

      Rachel Murray

    2. 34Complementarity between the International Criminal Law Section and Human Rights Mechanisms in Africa

      Pacifique Manirakiza

  8. Part IVThe General Jurisdiction of the African Court

    1. 35The ACJHR’s General Jurisdiction for General Affairs: Any Question of International Law? Not Quite

      Edwin Bikundo

    2. 36Some Observations on the Jurisdiction of the African Court of Justice and Human Rights over International Administrative Law

      Adejoké Babington-Ashaye

  9. Part VFunding the African Court and the Role of Civil Society

    1. 37Financing and Sustaining the African Court of Justice and Human and Peoples’ Rights

      Vincent O. Nmehielle

    2. 38Between Hope and Doubt: The Malabo Protocol and the Resource Requirements of an African Criminal Court

      Stuart Ford

    3. 39Civil Society and International Criminal Justice in Africa: Perspectives on the Proposed African Court of Justice and Human Rights

      Netsanet Belay and Japhet Biegon

  10. Index