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Page 1 of 2

  • Index
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp 1125-1168
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  • 3 - Peace and ‘Justice’ Sequencing in Management of Violence in the Malabo Protocol for the African Court
  • from Part I - The Wider Context of Transitional Justice in Africa
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp 109-146
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    Summary

    The interplay between “peace and justice” has been one of the most central transitional justice issue attracting heated debate, especially in Africa. Those who advocate for justice claim that prosecution prevents impunity and also serves to deter potential future perpetrators. On the opposing side, various scholars proffer the pursuit of justice often impede peace settlements and prolong atrocities because leaders threatened with prosecution will lack the motivation to end atrocities but would perpetuate conflicts to keep themselves in power. The Malabo Protocol, and the eventual effort to extend the criminal jurisdiction of the African Court and bring it into force has raised a new set of issues related to how to address the interplay between various peace-justice dilemmas in post-violence contexts. This chapter examines the place of the African Court within the African Union’s larger peace and security architecture and highlights various examples demonstrating successful sequencing of peace and justice and the need for a contextual consideration of what will affect the success of transitional justice measures.
  • Preface
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp xix-xxii
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  • 1 - Introduction
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp 1-54
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    Summary

    In June 2014, at its summit in Malabo, Equatorial Guinea, the Assembly of Heads of State and Government (“Assembly”) of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the “Malabo Protocol”). This chapter provides an overview of the journey that led to the adoption of the Protocol and the structure of the envisaged African court. The role that the African Court may play as a transitional justice mechanism in Africa and some of its innovative aspects including, corporate criminal responsibility, immunity and range of crimes are also canvassed. Finally, some reflections are proffered on the potential challenges the African Court might be faced with once it becomes operational.
  • Contents
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp v-x
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  • Contributors
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp xi-xviii
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  • Abbreviations
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp xxiii-xxx
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  • B - Institutional and Procedural Issues
  • from Part II - The Criminal Law Jurisdiction of the African Court
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp 643-740
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  • A - The Crimes
  • from Part II - The Criminal Law Jurisdiction of the African Court
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp 223-642
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  • Copyright page
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book: The African Court of Justice and Human and Peoples' Rights in Context
  • Published online: 02 May 2019
  • Print publication: 16 May 2019, pp iv-iv
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The African Court of Justice and Human and Peoples' Rights in Context
  • The African Court of Justice and Human and Peoples' Rights in Context
  • Development and Challenges
  • Edited by Charles C. Jalloh, Kamari M. Clarke, Vincent O. Nmehielle
  • Published online: 02 May 2019
  • Print publication: 16 May 2019
  • View description
    The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.
Africa and the ICC
  • Africa and the ICC
  • Perceptions of Justice
  • Edited by Kamari M. Clarke, Abel S. Knottnerus, Eefje de Volder
  • Published online: 27 October 2016
  • Print publication: 27 October 2016
  • View description
    Africa and the ICC: Perceptions of Justice comprises contributions from prominent scholars of different disciplines including international law, political science, cultural anthropology, African history and media studies. This unique collection provides the reader with detailed insights into the interaction between the African Union and the International Criminal Court (ICC), but also looks further at the impact of the ICC at a societal level in African states and examines other justice mechanisms on a local and regional level in these countries. This investigation of the ICC's complicated relationship with Africa allows the reader to see that perceptions of justice are multilayered.

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