The African Union (AU), whose main objective is to coordinate and intensify cooperation for development of the African region, presents itself as an energetic and ambitious driving force for change...Show moreThe African Union (AU), whose main objective is to coordinate and intensify cooperation for development of the African region, presents itself as an energetic and ambitious driving force for change in the continent’s human rights landscape. In June 2014, the AU adopted the Protocol on Amendments to the Protocol on the Statue of the African Court of Justice and Human Rights, often referred to as the Malabo Protocol. The Malabo Protocol extends the jurisdiction of the African Court of Justice and Human Rights (ACJHR) and empowers it to try serious crimes of international concern such as genocide, crimes against humanity and war crimes. Although the ACJHR is not yet an operational court, it has the potential to bring positive contributions to a continent tormented by persistent conflicts and a culture of impunity. AU member states now stand before various paths in the realization of human rights and they have been involved in an ongoing discussion on Universal Jurisdiction and its life-form, the International Criminal Court (ICC). A thorough consideration of all the grounds for the AU’s decision to give the African Court jurisdiction over international crimes will then show that the process has been motivated by other reasons than late anti-ICC sentiment alone. This study will not only examine the ICC versus Africa debate, it will also go beyond it. In this way, an African perspective will be offered that explains a larger focus on regional processes of African human rights law not only as a result of growing anti-ICC sentiment. Instead, it will be argued that there has been a legal and historical necessity for the development of an African perspective to international human rights law that is not necessarily meant to duplicate or impede on the work of the ICC.Show less
