Abstract:
The African Union (AU) intends to establish a Criminal Chamber within the African
Court of Justice and Human Rights (the Criminal Chamber) to prosecute persons responsible
for international crimes in Africa. This article argues that calls by the AU
to establish the Criminal Chamber arise from a chain of events beginning with the indictment
and prosecution of some African individuals, including state officials, by the
Prosecutor of the International Criminal Court (ICC), and the authorities in domestic
courts of European states. It examines the basis for, and likely problems associated
with, the establishment of a Criminal Chamber, and concludes that by establishing
such a chamber, African states parties to the Rome Statute will act in breach of their
obligations under that treaty. It recommends that African states and the AU must respect
their international law obligations arising from the Rome Statute.
