The Nature of the Crimes in the African Criminal Court

Journal of International Criminal Justice 15 (2017), 799 - 826

Florida International University Legal Studies Research Paper No. 17-45

31 Pages Posted: 27 Oct 2017 Last revised: 16 Aug 2018

See all articles by Charles C. Jalloh

Charles C. Jalloh

Florida International University College of Law

Date Written: October 19, 2017

Abstract

This article examines the distinction between ‘international’ and ‘transnational’ crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU)’s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace and security. While the Malabo Protocol has been controversial, because it is among other things perceived as an outcome of Africa’s backlash against the International Criminal Court and for its temporary immunity provision shielding sitting government officials from prosecutions, it is submitted that the merits of the AU instrument must be assessed on criteria other than whether it retains the conventional distinction between transnational and international crimes.

Keywords: ‘international’ and ‘transnational’ crimes, African Union (AU)’s Malabo Protocol, International Criminal Court, African Criminal Court

Suggested Citation

Jalloh, Charles C., The Nature of the Crimes in the African Criminal Court (October 19, 2017). Journal of International Criminal Justice 15 (2017), 799 - 826; Florida International University Legal Studies Research Paper No. 17-45. Available at SSRN: https://ssrn.com/abstract=3055742

Charles C. Jalloh (Contact Author)

Florida International University College of Law ( email )

11200 SW 8th Street
RDB Hall 1097
Miami, FL 33199
United States

HOME PAGE: http://www.law.fiu.edu

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