An Evaluation of the Impediments to the Establishment of the African Criminal Court & the Prospects for Justice and Peace in Africa

Abstract

When the Malabo Protocol was adopted in 2014, which, if ratified by at least 15 out of the 55 African Union (AU) Member States would lead to the creation of an African Criminal Court (ACC), it was received with great enthusiasm for a number of reasons. Notable among these were that the creation of the ACC would provide an avenue to address African challenges and crimes committed in the continent in an Africa way- echoing the notion of African solution to African problems. Yet, since it was adopted in June 2014 not even a single AU Member State has ratified the Malabo Protocol. Against this backdrop, the key question which this study seeks to answer is: What are the possible obstacles to the ratification of the Malabo Protocol and the inauguration of the ACC? The study reveals that there are seven primary possible obstacles to the ratification of the Malabo Protocol and inauguration of the ACC. These include: the contentious jurisdiction of the court, immunity for African Heads of State and senior government officials; the limited financial base which negatively affects the potential operationalization of the court; the contradictions and ambiguities regarding how the African Criminal Court will be operationalized