The relationship between the proposed International Criminal Law Section of the African Court and the International Criminal Court

Abstract

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings.