Bekele, Mikiyas (2015) The Rationales and Challenges for the Criminal Section of African Court of Justice for Human and Peoples' Rights. Masters thesis, Addis Ababa University.
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Abstract
From a period of antiquity, human kind has suffered with atrocities and massive human right violations. The Continent of African is one of the places that experiences individually orchestrated massive human rights violations. Before the establishment of the ICC, ad hoc and national tribunals have prosecuted individual-based gross human rights violations. Permanent regional criminal Court is a new phenomenon of international law. Since its establishment, the OAU (later AU) has organized institutional and legal frameworks that promote protections of human rights. After the UNSC failure to respond to the request of the AU to defer different ICC investigations in Africa, the AU Assembly decided to pursue the establishment of an African Regional Criminal Court. An indictment of African officials at the ICC and European National Courts are the immediate causes for speeding up the establishment of a Criminal Section at the African Court of Justice for Human and Peoples' Rights. On June 27, 2014, the AU Assembly adopted a Protocol that will empower an African Court with criminal jurisdiction. Noticeably, the quick adoption of the Protocol is a political reaction rather than genuine legal effort of prosecuting perpetrators of massive human right violations. Regionalizing international criminal tribunal is a reasonable and esteemed innovation of international law. However, the current AU effort towards establishing an effective African Criminal Court that works amid of jus conges has various limitations. Thus this paper, with the theme of empowering the African Court with criminal Jurisdiction, will indicate the justifications for regionalizing criminal Courts. Meanwhile, the paper will demonstrate the legal, political and practical constraints towards the ongoing effort of empowering ACJHPR with criminal jurisdiction and effective functionality of the Criminal Section thereof
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 03 Sep 2018 14:36 |
| Last Modified: | 03 Sep 2018 14:36 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4921 |
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