The African Court on Human and Peoples’ Rights: Mapping Resistance Against a Young Court

Forthcoming in International Journal of Law in Context 14(2) (2018)

iCourts Working Paper Series No. 119

36 Pages Posted: 9 Mar 2018

See all articles by Tom Daly

Tom Daly

Independent

Micha Wiebusch

University of Antwerp - Institute of Development Policy and Management; United Nations - UNU-CRIS; University of London - School of Oriental and African Studies (SOAS)

Date Written: March 6, 2018

Abstract

At first glance, it appears that the African Court on Human and Peoples’ Rights – the first pancontinental court of the African Union (AU) for human rights protection – epitomises the advances made by international courts in Africa in the past decade. Since its first judgment in 2009 the Court has taken a robust approach to its mandate and its docket is growing apace. However, a closer look at the overall context in which the Court operates reveals that it is susceptible to many of the patterns of resistance that have hampered other international courts in the region, which cut across the development of its authority and impact. This paper analyses the forms and patterns of resistance against the African Court and the actors involved, emphasising the additional difficulties entailed in mapping resistance to a young court compared to long-established courts, such as the European and Inter-American human rights courts.

Keywords: International Human Rights Law, Sociology of Law, African Union, African Court on Human and Peoples' Rights, Backlash against International Courts

Suggested Citation

Daly, Tom and Wiebusch, Micha, The African Court on Human and Peoples’ Rights: Mapping Resistance Against a Young Court (March 6, 2018). Forthcoming in International Journal of Law in Context 14(2) (2018); iCourts Working Paper Series No. 119 . Available at SSRN: https://ssrn.com/abstract=3135130 or http://dx.doi.org/10.2139/ssrn.3135130

Tom Daly (Contact Author)

Independent

No Address Available

Micha Wiebusch

University of Antwerp - Institute of Development Policy and Management ( email )

City campus building S
Lange Sint Annastraat 7
Antwerp, 2000
Belgium

United Nations - UNU-CRIS ( email )

Potterierei 72
Brugge, 8000
Belgium

University of London - School of Oriental and African Studies (SOAS) ( email )

Thornhaugh Street
Russell Square: College Buildings 541
London, WC1H 0XG
United Kingdom

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