The International Criminal Law blog

Access to the African Court on Human and Peoples’ Rights

Wed, 30 Nov 2011 19:07:00 +0000

Under Article 5(1) of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (the “Protocol”), the following are entitled to submit cases to the ACHPR

Femi Falana v African Union - The African Court on Human and Peoples’ Rights

Thu, 1 Dec 2011 19:09:00 +0000

Soufiane Ababou v People’s Democratic Republic of Algeria, The ACHPR

Thu, 1 Dec 2011 21:00:00 +0000

On 20 February 2011, an application was received by the Registry of the African Court on Human and Peoples’ Rights (ACHPR) submitted by Mr Youssef Ababou who alleged that his son, Mr Soufiane Ababou, (the “Applicant”) had been forced to join the military in Algeria against his will. The details of the application as summarised by the ACHPR can be found here.

“Africa’s Pinochet”, Hissène Habré and the first judgment of the African Court on Human and Peoples’

Mon, 5 Dec 2011 21:05:00 +0000

In a week where the UN Committee against Torture has called on Senegal to comply with its obligation to prosecute or extradite Chad’s exiled dictator, Hissène Habré (see here), in this post I take a look back at the first judgment of the African Court on Human and Peoples’ Rights (“ACHPR”), Yogogombaye v. Senegal, which concerned a petition filed by Michelot Yogogombaye calling for the dismissal of the charges pending in Senegal against Mr. Habré

New ARC Project Website Goes Live

Thu, 8 Dec 2011 21:08:00 +0000

ARC hopes to assist in developing a vibrant and meaningful practice before the Court for the benefit of all concerned.

Gbagbo’s Case Dismissed for Lack of Jurisdiction

Tue, 13 Dec 2011 21:12:00 +0000

Last week, Laurent Gbagbo made history. He became the first former president to appear before the International Criminal Court (ICC), following the issuance of a sealed indictment on 23 November 2011.

Tanganyika Law Society et al & Reverend Christopher Mtikila v The United Republic of Tanzania

Sat, 24 Dec 2011 21:27:00 +0000

On 2 June 2011, the Tanganyika Law Society (“Tanganyika”) and the Legal and Human Rights Centre (the “LHRC”) submitted an application to the African Court on Human and Peoples’ Rights (“ACtHPR”).

The ACHPR Flexes its Muscles in respect of the Situation in Libya

Wed, 4 Jan 2012 21:34:00 +0000

In an unprecedented move, on 25 March 2011 the African Court on Human and Peoples’ Rights (the “ACtHPR”) ordered provisional measures against Libya in the case of the African Commission on Human and Peoples’ Rights v. Great Socialist People’s Libyan Arab Jamahiriya.

Managing Expectations: The African Court of Human and Peoples’ Rights and two failed applications

Wed, 11 Jan 2012 21:37:00 +0000

The applications by Urban Mkandawire and Prof Efoua Mbozo’o to the African Court on Human and Peoples’ Rights (ACtHPR) both concerned complaints by public servants regarding the termination of their employment contracts.

The Future of the ACtHPR

Wed, 11 Jan 2012 21:39:00 +0000

In July 2004, just months after the Protocol for the African Court on Human and Peoples’ Rights (ACtHPR) entered into force, the African Union initiated procedures to merge this court with its newly adopted African Court of Justice (ACJ). However, the Protocol and Statute of the combined court – adopted as the African Court of Justice and Human Rights (ACJHR) – cannot enter into force until 30 days after the deposit of the instrument of ratification by 15 Member States. To date only 3 of the 53 Member States have ratified the ‘merged court’ ACJHR Protocol. Meanwhile, the separate courts of the ACtHPR and the ACJ continue to develop slowly as individual entities.

The ACtHPR: Case Progression from the Commission to the Court

Wed, 11 Jan 2012 21:41:00 +0000

The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court of Human Peoples’ Rights (the “Protocol”) states that the attainment of the objectives of the African Charter on Human and Peoples' Rights (the “Charter”) requires the establishment of an African Court on Human and Peoples' Rights (the “Court”) to complement and reinforce the functions of the African Commission on Human and Peoples' Rights (the “Commission”).

Why Does Promotion of the African Court on Human and Peoples’ Rights Matter?

Wed, 11 Jan 2012 21:44:00 +0000

In the heart of Africa, the African Court of Human and Peoples’ rights sits in relative obscurity. Few know how to use it and it is in serious danger of being marginalised. At some point in the future, the court will be merged with the Court of Justice of the African Union, in order to form the permanent African Court of Justice and Human Rights