Is the African International Criminal Law Section a Viable Alternative to ICC? Some Issues of Concern
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Date
2021
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Addis Ababa
Abstract
African countries were on the leading spot during the adoption of the Rome Statute, which
establishes the International Criminal Court (ICC). However, the controversy between African
Union and ICC has begun after the ICC issued an arrest warrant against former Sudan
President Al Bashir. Because of the disappointment and frustration of AU and African states
against ICC, the AU adopted the Malabo Protocol, which extended the jurisdiction of the African
Court of justice and human rights (ACJHR) to international criminal law. This thesis analyzes
the justifications for the establishment of the African international criminal law section to
identify whether the section is just a mere political attack against ICC or more than that.
Moreover, it examines whether the different features under the Malabo Protocol prevent the
section from being an alternative to ICC in terms of achieving the purpose and objectives of
international criminal courts, which are fighting impunity, and prevention of future violation of
core international crimes in the continent. The findings demonstrate that first; the justification
for the establishment of the African international criminal law section is not purely to undermine
the ICC. However, some of the rules under the Malabo Protocol reflect the AU attack against
ICC because they do not have any relevance to the objectives of the court itself. Second, despite
the motives of AU to establish the section, the different features under the Malabo Protocol
prevent the section from being a viable alternative to ICC if the section becomes operational.