The Place of the African Court of Justice and Humanand Peoples' Rights in the Prosecution of Serious Crimes in Africa
The present enforcement system of international criminal law essentially rests on three main pillars. First, there are prosecutions of international crimes within the national courts of the territorial states where the offense occurred. This could be through the regular criminal courts of those states or so-called "hybrid" or "mixed" chambers specifically created for that purpose by the state alone, or with the help of the United Nations (UN), as was the case in Cambodia, Bosnia-Herzegovina (BiH), East Timor, Lebanon, or Kosovo.' Second, there are prosecutions within international courts, whether ad hoc or permanent. The former dates back to the Nuremberg and Tokyo International Military Tribunals. Those pioneers were followed more recently by the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL), all of which were either created directly as subsidiary bodies of the UN or authorized by its Security Council under its mandate to ensure the maintenance of international peace and security.2 There is, of course, also the multilateral treaty-based International Criminal Court (ICC), which as of writing, comprises 123 States Parties from all regions of the world and is endorsed in principle by 15 other signatories.
Cambridge University Press
African Court of Justice, human rights
Courts | Human Rights Law | International Law | Law
Charles C. Jalloh, The Place of the African Court of Justice and Human and Peoples' Rights in the Prosecution of Serious Crimes in Africa, in THE AFRICAN COURT OF JUSTICE AND HUMAN AND PEOPLES' RIGHTS IN CONTEXT: DEVELOPMENTS AND CHALLENGES 57, 108 (Charles Jalloh, Kamari Clarke, & Vincent Nmehielle eds., Cambridge Univ. Press, 2019).