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7 results

  • 23 - Complementarity at the African Court
  • from B - Institutional and Procedural Issues
  • 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 645-679
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    Summary

    Based on an analysis of the complementarity provision of the African Court of Justice and Human and Peoples’ Rights (African Court), this chapter explores the likely relationships among the African Court (AC), the International Criminal Court (ICC), possible sub-regional courts, and national courts. The chapter suggests that as regional and sub-regional criminal courts such as the African Court emerge, they should not be viewed as forming a jurisdictional hierarchy, with national courts at the top and the ICC at the bottom, but rather as providing a menu of adjudicative options. The author also argues that the African Court should adopt a burden sharing rather than a hierarchical understanding of complementarity.