Introduction: Origins and Issues of the African Court of Justice and Human and Peoples' Rights
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Excerpt
In June 2014, at its summit in Malabo, Equatorial Guinea, the Assembly of Heads of State and Government ('Assembly') of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the 'Malabo Protocol'). The so-called Malabo Protocol was one of eight legal instruments adopted by African Union (AU) leaders, but undoubtedly one of its most significant. The significance stems, partly, from the consideration and addition of a third section to the proposed African Court of Justice and Human Rights (ACJHR) which had already formally anticipated the possibility of a regional tribunal with jurisdiction over human rights issues as well as general disputes arising between African States. The new Court will, once its statute enters into force upon achievement of the 15 required ratifications additionally possess the competence to investigate and try 14 international, transnational and other crimes in a highly ambitious tribunal with three separate chambers and jurisdictions:' (1) the General Affairs Section, (2) the Human and Peoples' Rights Section and (3) the International Criminal Law Section. The merger of these three chambers addressing inter-state disputes, human rights and penal aspects into a single court with a common set of judges represents a significant development in Africa and in wider regional institution building and law making.
ISBN
9781108422734
Publication Date
2019
Publisher
Cambridge University Press
Keywords
African Court of Justice, human rights
Disciplines
Courts | Human Rights Law | Law
Recommended Citation
Charles Jalloh et al, Introduction: Origins and Issues of the African Court of Justice and Human and Peoples' Rights, in THE AFRICAN COURT OF JUSTICE AND HUMAN AND PEOPLES' RIGHTS: DEVELOPMENT AND CHALLENGES 1, 53 (Charles C. Jalloh, Kamari Clarke & Vincent Nmehielle, eds., Cambridge University Press, New York/Cambridge, 2019).