Seminar paper from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 1,0, University of Geneva, language: English, abstract: Ten years after the establishment of the African Court of Human and Peoples’ Rights, the question arises how the Court has dealt with human rights issues so far. By analyzing the behavior of the Court in its case law, this paper shall examine the contribution of the African Court to the development of human rights in Africa and what its prospects might be. This paper will emphasize the procedural problems that Art 34(6) of the Protocol represents concerning the access of African citizens to the Court and how the case law on this issue evidences the conflict between state sovereignty and human rights on the African continent, and the Court’s difficult position in trying to reconcile them. Furthermore, the paper will provide an overview of the case law of the Court on human rights issues. On the one hand, the Court’s decisions highlight a serious confusion among the population concerning the Court’s role, showing that the Court is often considered to be an appellate organ that deals with ordinary civil law matters. On the other hand, however, once the Court comes to decide, it is capable of taking a liberal approach concerning political rights. Based on this case law, the paper will provide some main conclusions and give an outlook on the future of the Court.

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Seminar paper from the year 2014 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1,0, University of Geneva, language: English, abstract: Ten years after the establishment of the African Court of Human and Peoples' Rights, the question arises how the Court has dealt with human rights issues so far. By analyzing the behavior of the Court in its case law, this paper shall examine the contribution of the African Court to the development of human rights in Africa and what its prospects might be. This paper will emphasize the procedural problems that Art 34(6) of the Protocol represents concerning the access of African citizens to the Court and how the case law on this issue evidences the conflict between state sovereignty and human rights on the African continent, and the Court's difficult position in trying to reconcile them. Furthermore, the paper will provide an overview of the case law of the Court on human rights issues. On the one hand, the Court's decisions highlight a serious confusion among the population concerning the Court's role, showing that the Court is often considered to be an appellate organ that deals with ordinary civil law matters. On the other hand, however, once the Court comes to decide, it is capable of taking a liberal approach concerning political rights. Based on this case law, the paper will provide some main conclusions and give an outlook on the future of the Court.

In a comparative context: N. Barney Pityana

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.

This is an accessible collection of key universal and regional human rights law treaties and other related documents. It will appeal to students studying international human rights law as well as related courses for which no similar statute book exists: international humanitarian law; law and development; and international labour law.

The system of international criminal justice was established in response to gross human rights violations committed during World War II. Despite its development over the past seven decades, challenges and critiques remain unresolved or have subsequently emerged, particularly in the context of the International Criminal Court (ICC). Key issues include amnesties, immunities, controversial acquittals, non-cooperation, interpretative fragmentation, and cultural clashes. Criticism emerged as a reaction to the perception of impunity and the system’s underachievement. It is important to reflect on the extent to which such challenges are inherent to the system and whether they can be overcome. What is the state of international criminal justice today? What impact have these challenges had on the system’s integrity, currency, and credibility? To what extent can we prevent or remedy them? This volume brings together major contributions to the 8th AIDP Symposium for Young Penalists which was organised by the AIDP Young Penalists Committee and convened on 10 and 11 June 2021 in telematic mode, hosted by the Faculty of Law of Maastricht University.

The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.