By Evelyne Asaala
Abstract
The suggested incorporation of international and transnational crimes within the jurisdiction of the proposed African Court of Justice and Human and Peoples’ Rights (the African Court) has divided opinion among scholars. Some perceive it as addressing a long-standing jurisdictional gap regarding the prosecution of international and transnational crimes in Africa. Others are sceptical as to whether the African Court will be able to achieve the very ambitious objectives of the Protocol on the African Court of Justice and Human Rights (the Malabo Protocol). This chapter analyses the proposed substantive criminal jurisdiction of the African Court as provided for in the Malabo Protocol with specific emphasis on innovations and unique contributions to substantive international criminal law contained therein as well as exposing definitional weaknesses that require attention. The chapter argues that the innovations in the Malabo Protocol are likely to make a valuable contribution to justice in Africa and also to international criminal law in general.
