of Justice and Human Rights (hereafter: Malabo Protocol) and called of the Malabo Protocol, Amnesty International has concerns about some. The future of the Malabo Protocol to create an African Court of Justice and Human Rights remains uncertain. Despite hopes that it could add a. In June , the African Union (AU) adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and.


Author: Korey Bergstrom
Country: Burundi
Language: English
Genre: Education
Published: 15 June 2015
Pages: 581
PDF File Size: 16.72 Mb
ePub File Size: 50.70 Mb
ISBN: 505-6-31754-586-2
Downloads: 67399
Price: Free
Uploader: Korey Bergstrom


It provides for a Victims and Witness Unit, an independent Defence Office unlike other tribunals or malabo protocol courts and accommodates various crimes of great concern in the international community.

malabo protocol Most tribunals or courts accommodate and define crimes such as genocide, crimes against humanity and war crimes. The Protocol would expand the list of crimes to include rape, corruption and human malabo protocol, money laundering and illicit exploitation of natural resources, among others.

The Protocol may be able to bridge the gap between international crimes that are addressed and those that are not. Those crimes that might be brought into the jurisdiction of the AU include crimes which greatly infringe on human rights in terms of service delivery, access to social welfare, personal dignity, economic prosperity and accountability.

Most of these crimes, left unaddressed, have had malabo protocol socio-political malabo protocol.

- What prospects for an African Court under the Malabo Protocol?

The Malabo Protocol would give an African Court of Justice and Human Rights the jurisdiction to hear crimes which malabo protocol affect Africa, but which might not be vital for Europe or the West. This provision is not found in any other treaty establishing an international criminal court, with the exception of the Malabo protocol Tribunal for Lebanon, which has a Defence Office as an independent organ of the court.

The organization Kenyans for Peace with Truth and Malabo protocol has rightly observed that the creation of a Defence Office as a separate and independent organ of the court would place malabo protocol Principal Defender on an equal basis with the Prosecutor. Lastly, the Malabo Protocol creates a trust fund for legal aid and assistance to victims of crimes and their families.

Whereas the ICC has similar provisions, the African court might be better placed to introduce remedies tailored to victim priorities and needs. According to Malabo protocol Internationalthe immunity clause will undermine the legitimacy of the court and the fight against impunity on the malabo protocol, and is at odds with the founding and organizational principles of the AU.

According to academician Stuart Fordthe AU often appears to lack the political will and ability to implement its vision for the organization.


The report calls on AU member states to amend specific provisions of the Malabo Protocol. It also calls on civil society malabo protocol and citizens to engage with malabo protocol governments and the AU to address these concerns and to ensure that the ACJHR, if and when it is established, becomes the most effective possible regional court.