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The African Union (A.U.), the Continent’s political and security organization, is considering adopting an instrument[1] to revise the African Court of Justice and Human Rights (Court)[2] by adding a new International Criminal Law Section[3] (ICL Section) competent to hear all cases relating to international crimes specified in the amended Statute.[4] This development appears to have been occasioned by a number of concerns that have emerged in Africa regarding international criminal justice and what is perceived as an abuse of the universal jurisdiction principle by Western powers. In particular, these concerns touch upon (a) the A.U.’s disenchantment with the International Criminal Court’s (ICC) pursuit of Sudanese President al-Bashir; (b) the surrounding controversy on the Rome Statute's reach to non States Parties and whether the latter are obliged to give effect to ICC arrest warrants, apprehend the alleged perpetrators and surrender them to it;[5] and (c) the view that the ICC attempts to curb the immunity of incumbent heads of state. Other pressing African matters emphasized in the draft Protocol's preamble include peace and security, the protection of human rights and the perennial fight against impunity.
[1] Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, AU Doc. Exp/Min/IV/Rev. 7 (May 15, 2012) (Draft Protocol).
[2] Established pursuant to the Protocol on the Statute of the African Court of Justice and Human Rights (2008), not yet in force, at www.au.int (2008 Protocol and 2008 Statute).
[3] Draft Statute of the African Court of Justice and Human Rights annexed to the Draft Protocol, Article 16(1) (Draft Statute).
[4] Id., Article 17(3).
[5] Statute of the International Criminal Court (1998), 2187 U.N.T.S. 3.