Towards a criminal chamber in the African Court of Justice and Human Rights

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.