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  • 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

    Accountability and addressing impunity is one of the main agendas of Africa’s continental body of 54 Member States – the African Union (AU). More than 50 years since its establishment, the AU and its predecessor - the Organisation of African Unity (OAU) - remain at the forefront of pursuit for justice, rule of law, democratic governance, and respect for human and peoples’ rights in Africa. The AU has done commendably well in setting norms and establishing continental institutions to address impunity. However, implementation of Africa’s shared values is fraught with numerous challenges. A recent – still in the pipeline - addition to the continental norms and frameworks for addressing impunity is the draft AU Transitional Justice Policy Framework. This chapter, traces the rationale, focus, content and promise of the AU Transitional Justice Policy Framework and how it is connected to the African Governance Architecture and the prospects for operationalizing the African Court. It argues that the TJ Framework, presents the AU and Member States a unique opportunity to consolidate lessons, practices and address impunity in practice beyond developing regional standards.

  • 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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  • Part III - The Human Rights 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 963-1020
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  • Summary

    This chapter outlines and analyzes the general jurisdiction for the general affairs section of the proposed African Court of Justice and Human Rights (ACJHR) as set out in the Malabo Protocol on the Statute of the African Court of Justice and Human Rights (The Malabo Protocol). The chapter focuses in particular on the most general clause of this general jurisdiction referencing ‘Any question of international law’ to examine whether that clause should be read expansively or restrictively in light of the Malabo Protocol especially as regards the ‘ultimate objective’ of the AU which is the ambitious progressive federalization agenda.

  • 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 55-220
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  • Summary

    The International Criminal Court was never meant to be the sole institutional response to provide criminal accountability, considering the sheer magnitude of perpetrators across the globe. It seems therefore helpful to examine whether regional or perhaps even sub-regional courts could also play a useful role in the wider quest to mete out individual criminal responsibility for atrocity crimes. This chapter argues that just as is the case with the international human rights system, which is composed of a multilayered national, regional, and international enforcement system, international criminal law would likely in the future benefit from a similar multilevel system of accountability, as already introduced in Africa by the creation of the African Court.

  • 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
  • Development and Challenges
  • Edited by Charles C. Jalloh, Kamari M. Clarke, Vincent O. Nmehielle
  • Published online:
    02 May 2019
    Print publication:
    16 May 2019
  • 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
  • Perceptions of Justice
  • Edited by Kamari M. Clarke, Abel S. Knottnerus, Eefje de Volder
  • Published online:
    27 October 2016
    Print publication:
    27 October 2016
  • 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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