Is the African International Criminal Law Section a Viable Alternative to ICC? Some Issues of Concern

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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.

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