Briefing Paper

The Pros and Cons of the Criminal Jurisdiction of the Proposed African Court of Justice and Human Rights

“The problem of enforcement of human rights has always been a challenge in Africa. Many
have sought a structural solution to this problem in the form of an African Court on Human and Peoples’ Rights (ACHPR) whose judgements would be indisputably binding; hence the earlier establishment of the African Court of Justice (ACJ). This merged court will have jurisdiction to address matters arising from the interpretation and application of the Constitutive Act, the
ACHPR instruments that are ratified by the states concerned and other African Union (AU)
treaties adopted within the framework of the Organisation of African Unity (OAU). The ACJHR will also have jurisdiction on any matters of international law. It will replace the 1998 and 2003 protocols once it comes into force and will become the main judicial organ of the AU.”