The proposed international criminal jurisdiction for the African court: some problematic aspects

Author(s): 
Publication Date: 
01 May 2013
Publisher: 
T.M.C. Asser Press
Publication Place: 
The Hague
Publication Language: 
EN
Appearing in: 
Netherlands International Law Review
Volume: 
60
Issue: 
1
Pages: 
27-50
DOI: 
http://dx.doi.org/10.1017/S0165070X12001027
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 pre-vent 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.