Journal Article

Towards a Criminal Chamber in the African Court of Justice and Human Rights

Chacha Bhoke Murungu

in Journal of International Criminal Justice

Volume 9, issue 5, pages 1067-1088
Published in print November 2011 | ISSN: 1478-1387
Published online November 2011 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqr053
Towards a Criminal Chamber in the African Court of Justice and Human Rights

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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.

Journal Article.  10872 words. 

Subjects: Criminal Law ; International Law

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