IIARD International Institute of Academic Research and Development

JOURNAL OF POLITICAL SCIENCE AND LEADERSHIP RESEARCH (JPSLR )

E-ISSN 2504-883X
P-ISSN 2695 2432
VOL. 9 NO. 1 2023
DOI: https://doi.org/10.56201/jpslr.v9.no1.2023.pg25.40

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Prospects of the Coordinate Jurisdiction of the International Criminal Court (ICC) and the African Court of Justice and Human Rights (ACJHR)

OLUKA, N. Lucas, SANUBI, A. Franklins & ORHERO, E. Abraham

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Abstract

The intended coordinate jurisdiction with the International Criminal Court (ICC) and African Court of Justice and Human Rights (ACJHR) adopted by the Malabo Protocol 2014, and which called on all African Union (A.U) State parties to sign and ratify same, inarguably, raised questions concerning its prospects and challenges to the development of international criminal justice system. This study, therefore, argues that this development may undermine the universality of the Protocol of the International Criminal Court (ICC) and encumbered extradition processes in Africa if the coordinate jurisdiction to entertain cases relating to the contravention of the provisions of the international humanitarian laws, especially those that are related to violations of peoples’ rights which is a commonplace in the continent of Africa is sustained. It also argues that if properly managed it may also enhance the implementation of international extradition processes in Africa. To achieve its specific objectives, this study adopted historical research design relying mainly on secondary source of data. The study suggests among others that both courts should harmonise the jurisdictional mandates granted them by the protocols that established them and collaborate in cases involving individuals and regime leaders and officials in order to continue to indict and prosecute those who have contravened the provisions of international humanitarian laws, particularly in Africa that has recorded more grievous human rights violations during civil unrests, conflicts and civil wars.

keywords:

ICC, ACJHR, Malabo Protocol, African Union, International Extradition Laws.

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References:

African Commission on Human and Peoples’ Rights (ACHPR). (2020). History. Retrieved from:
https://www.achpr.org/history. Accessed 28/01/2023
Amnesty International. (2016). Malabo Protocol: Legal and Institutional Implications of the
Merged and Expanded African Court. London: Amnesty International Ltd.

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