Feminist Critiques of International CourtsSymposium

Vive la diversité!

A Roadmap to Gender Parity on African Regional Courts?

As of May 2017, the African Court on Human and Peoples’ Rights (ACtHPR) appears to be the most gender balanced bench in the world, with women occupying 45% (5 out of 11) of the seats on the court. This development is a far outcry from the meager 18% (2 out of 11) seats women have occupied on the court when it came into force in 2006. Notwithstanding this observation, the …

READ MORE →

Current Developments

Collectively Enforcing the Results of Democratic Elections in Africa

Part II: Third Gear – The UN Security Council

This post continues the earlier part I. As the 19 January deadline approached, without Jammeh showing any inclination to resign, the crisis deepened. Troops from Senegal, Nigeria and Ghana – subsequently codenamed ECOMIG (ECOWAS Mission in the Gambia) – massed around the borders of The Gambia, obviously ready to remove the country’s long-time leader from office by force if necessary. In keeping with the timetable foreseen in the Gambian constitution, …

READ MORE →

Current Developments

Collectively Enforcing the Results of Democratic Elections in Africa

ECOWAS, the AU, and UN Security Council Resolution 2337 (2017) – Part I

“When […] ECOWAS is united and the African Union is united, then it is possible for the Security Council to decide; it is possible for action to be taken, and it is possible for democracy, human rights, and the freedom of peoples to be defended.” – This was the UN Secretary-General’s upshot from the resolution of the recent electoral crisis in the The Gambia. The crisis had started to unfold …

READ MORE →

DiscussionResponse

Thinking globally, acting globally

The case of corporate criminal liability and economic crimes

As stated in Ricarda’s post, the African Union surprised the international community in 2014 with its proposal for the creation of an integrated African Court of Justice and Human Rights (ACJHR) drafted in the Malabo Protocol. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court (ICC). The new chambers could either be upstream or equally ranked with …

READ MORE →

DiscussionKick-off

Thinking globally, acting regionally

Towards the regionalization of international criminal law

In June 2014, the African Union (AU) General Assembly adopted the Malabo Protocol that attempts to change the AU court system as well as international criminal law (ICL) in a radical – yes, even revolutionary way. The Protocol foresees the creation of an integrated African Court of Justice and Human Rights featuring a human rights chamber, a general affairs chamber and a criminal law chamber that has jurisdiction over natural …

READ MORE →

Rule of Law Goes GlobalSymposium

Does the African Union truly defy the United Nations peace and security regime?

A response to Theresa Reinold In her recent post, Theresa Reinold critically examines the efforts by the African Union to further democracy on the African continent. She pertinently notes that these efforts suffer from an incumbency bias, favoring already established regimes over potential political change, especially in states where no open democratic culture exists. I find her argument by and large convincing and would like to focus on one specific aspect: …

READ MORE →

Rule of Law Goes GlobalSymposium

No unalloyed good

The AU’s rejection of “unconstitutional changes of government”

Democracy and Africa are two words that rarely appear in the same sentence. If they do, the sentences are usually framed in exhortatory or aspirational terms rather than as statements of facts. Yet even though free and fair elections are still far from being the habitual way of obtaining and transferring political power in Africa, the African Union (AU) has developed an impressive array of instruments that seek to nurture …

READ MORE →