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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.
This chapter, as the title suggests, focuses on the resources question relative to the significance of the African Court of Justice and Human and Peoples’ Rights (ACJHPR) as the composite judicial body of the Union. This chapter is forward–looking; perhaps to provide the AU policy makers some food for thought in their planning in the continental body’s new scheme to ensure autonomous financing of the African Union and its institutions. The chapter does not go into the dollar and cents requirements of the ACJHPR, or the numerical staffing needs of the Court. The chapter, however, provides a thematic discussion and evaluation of the resource needs of the Court taking into account its structure and applicable international practice and standards.
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.