Is The African International Criminal Law Section A Viable Alternative To Icc Some Issues Of Concern

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African countries were on the leading spot during the adoption of the Rome Statute, whichrnestablishes the International Criminal Court (ICC). However, the controversy between AfricanrnUnion and ICC has begun after the ICC issued an arrest warrant against former SudanrnPresident Al Bashir. Because of the disappointment and frustration of AU and African statesrnagainst ICC, the AU adopted the Malabo Protocol, which extended the jurisdiction of the AfricanrnCourt of justice and human rights (ACJHR) to international criminal law. This thesis analyzesrnthe justifications for the establishment of the African international criminal law section tornidentify whether the section is just a mere political attack against ICC or more than that.rnMoreover, it examines whether the different features under the Malabo Protocol prevent thernsection from being an alternative to ICC in terms of achieving the purpose and objectives ofrninternational criminal courts, which are fighting impunity, and prevention of future violation ofrncore international crimes in the continent. The findings demonstrate that first; the justificationrnfor the establishment of the African international criminal law section is not purely to underminernthe ICC. However, some of the rules under the Malabo Protocol reflect the AU attack againstrnICC because they do not have any relevance to the objectives of the court itself. Second, despiternthe motives of AU to establish the section, the different features under the Malabo Protocolrnprevent the section from being a viable alternative to ICC if the section becomes operational.

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Is The African International Criminal Law Section A Viable Alternative To Icc Some Issues Of Concern

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