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THE PROPOSED INTERNATIONAL CRIMINAL JURISDICTION FOR THE AFRICAN COURT: SOME PROBLEMATICAL ASPECTS

  • Ademola Abass

Abstract

This article discusses some problems arising from the proposed conferral of international criminal jurisdiction on the African Court of Justice and Human Rights. While it is uncertain whether the AU will ever adopt the Draft Protocol amending the Statute of the Court, it is worthwhile examining certain provisions of the Protocol which, in addition to the myriad political hurdles that will militate against the adoption and/or entry into force of the Protocol, will most likely prevent the Court from exercising that jurisdiction. The article concludes that the future of international criminal justice in Africa lies not in the duplication of international criminal justice systems, but in the AU ensuring that its member states take the prevention and domestic prosecution of international crimes more seriously, and in the ICC improving its modus operandi vis-à-vis its member states.

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* LLM (Cantab), PhD (Nottingham), former Professor of International Law and Organization, Brunel University; Head of Program and Research Fellow, Regional Peace and Security, United Nations University Institute for Comparative Regional Integration Studies. Some aspects of this article developed from a lecture I delivered at the University of Yale Law School's seminar ‘The International Criminal Court and the Future of International Law in Africa’, held on 14 September 2012. I benefited from exchanges with my co-speakers, Professor Charles Jalloh, the University of Pittsburgh, Dr. Dire Tladi, Permanent Mission of South Africa to the United Nations and a Member of the International Law Commission, and our host, Professor Kamari Clarke, the University of Yale. Thanks to Anonia Röhm, my former intern, for her excellent research assistance.

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THE PROPOSED INTERNATIONAL CRIMINAL JURISDICTION FOR THE AFRICAN COURT: SOME PROBLEMATICAL ASPECTS

  • Ademola Abass

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