Withdrawal of African Countries From The International Criminal Court: Is the African Court of Justice And Human and People Rights An Alternative to Fight Impunity In Africa?
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Date
2018-01
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Addis Ababa University
Abstract
Human rights are accepted as universal despite cultural manifestations. However respect for
human dignity cannot be taken for granted. Starting from early civilization, human kind has
suffered with atrocities and massive human right violations. The African Continent is one of the
places that experiences individually orchestrated massive human rights violations. Different ad hoc and national tribunals prosecuted individual-based gross human rights violations. After
various studies conducted and intense negotiation made the Rome Statute was adopted in 1998
establishing the first permanent international criminal court. Since its establishment ICC has
investigated number of cases including situations located in Africa. The AU doesn‟t seem
interested on the opening of investigations in different parts of Africa thus, requested the UNSC
to defer different ICC investigations in Africa. The UNSC failures to respond to the request of
the AU lead, to pursue the establishment of an African Regional Criminal Court and adoption of
a collective withdrawal strategy from the Rome Statute by the AU Assembly.
The AU Assembly adopted Malabo Protocol on June 27, 2014, that will empower an African
Court with criminal jurisdiction. The swift shift from supporting the ICC to establishing regional
criminal court is a political reaction rather than genuine legal effort of prosecuting perpetrators
of massive human right violations. Regional criminal tribunal is a new approach to international
criminal justice system and may positively contribute for development of international criminal
justice system. However, the current AU move towards establishing an effective African Criminal
Court has various operational, normative and practical limitations. Thus this paper, with the
theme tune of empowering the African Court with criminal Jurisdiction, examines whether the
proposed ACJHPR Criminal Chamber when and if it enters into force serves as an alternative to
the ICC in the prosecution and condemnation of grave crimes of international concern in the
region based on its legal and institutional framework. Meanwhile, the paper examines the critics
forwarded by some African countries against ICC and the AU withdrawal strategy from the
Rome Statute.
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Withdrawal of African Countries From The International