Make a Summary and critical commentary on articles 28, 28A, 29 and 46A of 3 THE AFRICAN CRIMINAL COURT in the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the Malabo Protocol).
Summary:
Articles 28, 28A, 29, and 46A of the Malabo Protocol pertain to the establishment and functioning of the African Criminal Court, a judicial body set up to prosecute individuals for crimes such as genocide, war crimes, crimes against humanity, and other serious offenses.
Article 28 deals with the establishment of the African Criminal Court, outlining its composition, jurisdiction, and powers. Article 28A further elaborates on the jurisdiction of the court, specifying that it can exercise jurisdiction over individuals, organizations, and non-state actors responsible for committing crimes under international law.
Article 29 outlines the procedures for conducting trials in the African Criminal Court, including rules of evidence and fair trial guarantees. Article 46A establishes the relationship between the African Criminal Court and the domestic legal systems of African countries, emphasizing cooperation and complementarity between the court and national courts.
Critical commentary:
While the establishment of the African Criminal Court under the Malabo Protocol is a positive development for international justice in Africa, there are concerns about the effectiveness and practicality of the court. The jurisdiction of the court over non-state actors and organizations may raise challenges in terms of enforcement and accountability mechanisms.
Additionally, the cooperation between the African Criminal Court and national legal systems may face obstacles due to varying levels of judicial independence and capacity in African countries. There is also a need for adequate resources and funding for the court to operate effectively and independently.
Overall, while the Malabo Protocol represents a significant step towards addressing impunity for serious international crimes in Africa, there are still challenges to be addressed in order for the African Criminal Court to fulfill its mandate successfully.