Download This PaperAfrican Regional Jurisdiction: How African Union is Creating an Innovative Regional Jurisdiction for international Crimes
Portuguese Law Review, Volume 4, Issue 1
28 Pages Posted: 28 Apr 2020 Last revised: 26 May 2020
Date Written: April 3, 2020
Abstract
This proposal aims to understand the creation of the African Court of Justice and Human Rights as part of strategy of em-battle between the African Union and the International Criminal Court and the potentialities of such court for African and for International Criminal Law in general. The ICC was accused by African leaders of having a racist and neo-colonialist position towards the Continent. In response, some States announced their intention to withdrawal from the Rome Statute. The AU adopted the Malabo Protocol, a legal text for strengthening its judicial institutions with international criminal law competences. The Malabo Protocol is part of the AU strategy to circumvent the ICC jurisdiction in Africa. Four years after the adoption of such text, the State response is far from expected. The proposed African Court of Justice and Human Rights with international crimes jurisdiction is going to be the principal judicial organ in the AU Justice Architecture, with three Sections (general Affairs, Human Rights, and International Crimes). With a jurisdiction far beyond that found in the ICC, the Court will trace new lands concerning International Courts and putting this African venture in a very innovative field.
Keywords: African Regional Jurisdiction, International Crimes, Malabo Protocol, Extraordinary African Chambers, International Courts
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