The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes

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Date

2017

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice and Human and Peoples' Rights (ACJHPR) by vesting it with criminal jurisdiction. The ACJHPR will comprise of three sections, namely, a General Affairs Section, a Human and Peoples' Rights Section and an International Criminal Law Section. The Malabo Protocol, therefore, confers the proposed ACJHPR with criminal jurisdiction over international and transnational crimes. Although the Malabo Protocol and its Statute are not yet in force, the fact that in Africa there is a possibility of having the 'African Criminal Court (ACC)' deserves a critical analysis.

Description

Magister Legum - LLM (Criminal Justice and Procedure)

Keywords

Malabo Protocol, African Criminal Court, Crime of Unconstitutional Change of Government, Immunity, Statute, International Crimes, Transnational Crimes, African Union, Individual Criminal Responsibility, Impunity

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