International Law & Africa's Perspectives on Criminal Justice Institutions

Abstract

This paper examines some international legal principles and Africa’s unique perspectives on criminal justice institutions, focusing on the 2012 Model Law on Universal Jurisdiction, the principle of complementarity and the proposal to establish the African Court of Justice and Human Rights under the 2014 Malabo Protocol. Adopting the Model Law within the African Union offers African national courts a distinctive avenue to hold perpetrators of international crimes accountable. Prompted by concerns over potential abuse and politicisation of universal jurisdiction by certain European states, the African Union’s stance reflects a proactive approach to safeguarding against perceived injustices. Furthermore, the proposal for the African Court of Justice and Human Rights aligns with the principle of complementarity vis-à-vis the International Criminal Court, showcasing Africa’s evolving role in shaping international legal mechanisms to combat impunity and crimes. This paper explores these initiatives’ motivations, challenges, and implications for Africa’s engagement with international legal frameworks.