The immunity provision in the AU Amendment Protocol : separating the (doctrinal) wheat from the (normative) chaff

Abstract

In July 2014, the African Union adopted a new Protocol amending the Protocol on the African Court. In doing so it included a provision stating that certain state officials shall be immune from prosecution during their tenure of office. This article discusses whether the immunity provision is a reflection of customary international law or whether, on the contrary, it violates international law and undermines the Statute of the International Criminal Court.