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)

Answer 1

The Malabo Protocol, which amends the Protocol on the Statute of the African Court of Justice and Human Rights, includes several key articles that outline the functioning and powers of the African Criminal Court. Articles 28, 28A, 29, and 46A are particularly important in this regard.

Article 28 establishes the jurisdiction of the African Criminal Court over crimes under international law, including genocide, crimes against humanity, war crimes, and other serious crimes as defined in the Protocol. It also outlines the principle of complementarity, which means that the Court will only intervene when national legal systems are unable or unwilling to prosecute these crimes.

Article 28A expands upon this by giving the Court jurisdiction over transnational crimes such as drug trafficking, terrorism, and human trafficking. This is a significant addition, as it allows the Court to address a wider range of criminal activities that have a cross-border impact.

Article 29 outlines the structure of the African Criminal Court, including the establishment of a Chambers Division, a Trial Division, and an Appellate Division. This division of responsibilities ensures a fair and efficient judicial process within the Court.

Lastly, Article 46A addresses the funding of the African Criminal Court, stating that it shall be financed by the Member States of the African Union. This ensures that the Court has the necessary resources to effectively carry out its mandate.

Overall, these articles play a crucial role in shaping the African Criminal Court as a strong institution capable of prosecuting serious crimes and promoting accountability in the region. However, there may be challenges in implementation, such as securing adequate funding and ensuring cooperation from Member States in enforcing the Court's decisions. Efforts to address these challenges will be essential to the success of the African Criminal Court in promoting justice and human rights in Africa.