Complementarity Between the International Criminal Law Section and Human Rights Mechanisms in Africa

Abstract

The Malabo Protocol adopted by the African Union Member States envisages the creation of an International Criminal Law Section tasked with the investigation and prosecution of core international crimes, along with crimes of African international law, with the future African Court of Justice and Human Rights. This chapter explores the relationship between the Criminal Section and the existing human rights mechanisms in Africa, as well as its potential contribution to the protection of human and peoples’ rights on the continent. In fact, the chapter argues that the new African Criminal Court (ACC) should be embedded within the broader system of human rights protection in Africa. Therefore, the chapter sheds some light on legal issues at the intersection of human rights and international criminal law in the African context. It concludes by putting forward the theory of mutual reinforcement between different entities for a better strengthening of the African human rights system.