Between Hope and Doubt: The Malabo Protocol and the Resource Requirements of an African Criminal Court

The African Court of Justice and Human and Peoples' Rights in Context (Charles C. Jalloh et al., eds., Cambridge University Press 2019)

25 Pages Posted: 4 Mar 2018 Last revised: 13 Apr 2019

See all articles by Stuart Ford

Stuart Ford

University of Illinois at Chicago - UIC John Marshall Law School

Date Written: February 22, 2018

Abstract

There are legitimate questions about the African Union’s ability and desire to create functioning institutions. These questions are particularly relevant to its recent adoption of the Malabo Protocol. The Malabo Protocol adds an international criminal law component to the jurisdiction of the African Court of Justice and Human Rights (ACJHR). The addition of criminal jurisdiction to the ACJHR represents a significant increase in the court’s subject matter jurisdiction. It also greatly increases the difficulty of the court’s work and necessitates a more complex organizational structure. But can this new and improved ACJHR be successful? Will the African Union (AU) have the political will to make it a reality? This essay argues that the resources that the AU eventually devotes to the ACJHR will shed light on whether to be hopeful or doubtful about the court’s eventual success.

Keywords: International Criminal Court, ICC, ACC, African Criminal Court, Malabo Protocol, African Union, ACJHR, African Court of Justice and Human Rights

JEL Classification: K33

Suggested Citation

Ford, Stuart, Between Hope and Doubt: The Malabo Protocol and the Resource Requirements of an African Criminal Court (February 22, 2018). The African Court of Justice and Human and Peoples' Rights in Context (Charles C. Jalloh et al., eds., Cambridge University Press 2019), Available at SSRN: https://ssrn.com/abstract=3128576 or http://dx.doi.org/10.2139/ssrn.3128576

Stuart Ford (Contact Author)

University of Illinois at Chicago - UIC John Marshall Law School ( email )

300 S. State Street
Chicago, IL 60604
United States

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