The African Human Rights Court: A Two-Legged Stool?

Abstract

This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.

Keywords: African Charter on Human and Peoples’ Rights, African Court on Human and Peoples Rights, despotism, clawback clauses, Organization of African Unity, human rights violations