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

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