Prospects and challenges of extending the African Court’s jurisdiction to international crimes

Abstract

The Assembly of the AU adopted the Malabo Protocol which, when in force, will establish a criminal division within the African Court and will empower the court with international criminal jurisdiction. Once the Malabo Protocol comes into operation, the African Court will have the competency to try fourteen international crimes including transnational crimes. This study explores the potential the criminal division of the African Court has to contribute to international criminal law. It is argued that the ICC is biased against African heads of states for crimes and human rights violations committed. This argument is based on the number of cases before the ICC which pertain to Africa. This view encouraged the AU to create an African Court with competence to try international crimes, thereby using their own systems of laws to respond to the crimes and conflicts that occur in Africa. Concerns were raised regarding the extension of the African Court’s jurisdiction to international crimes. Therefore, this study discussed the different concerns affecting the extension while determining whether or not the concerns will affect its establishment. The Rome Statute does not have jurisdiction over transnational crimes, which affect most African states. Therefore, the establishment of the criminal division may potentially advance and develop international criminal law to a point where it complements the ICC.