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The African Court of Justice and Human and Peoples' Rights in context : development and challenges / Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, Carleton University, Vincent O. Nmehielle, African Development Bank and University of the Witwterstand.

Contributor(s): Material type: TextPublisher: Cambridge ; New York, NY : Cambridge University Press, [2019]Copyright date: �2019Description: xxx, 1167 pages : tables ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781108422734
  • 110842273X
  • 9781108436922
  • 1108436927
Subject(s): DDC classification:
  • 342.2608/50269 23
LOC classification:
  • KQC574.A37 A37 2019
Contents:
Introduction: Origins and issues of the African Court of Justice and Human and Peoples' Rights / Kamari M. Clarke, Charles C. Jalloh and Vincent O. Nmehielle -- The place of the African Court of Justice and Human and Peoples' Rights in the prosecution of serious crimes in Africa / Charles C. Jalloh -- Peace and 'justice' sequencing in management of violence in the Malabo Protocol for the African Court / Kamari M. Clarke -- The African Union transitional justice policy framework and how it fits into the African governance architecture (AGA) : promise and prospects for the African Court of Justice and Human Rights / George Mukundi Wachira -- The advent of a differentiated accountability system : the African Court of Justice and Human Rights and the AU transitional justice architecture / Tim Murithi -- Concurrent jurisdiction of the International Criminal Court and the African Criminal Chamber in the case of concurrent referrals / Erika de Wet -- The African Criminal Court : towards an emancipatory politics / Adam Branch -- A classification of the crimes in the Malabo Protocol / Charles C. Jalloh -- Perspectives on the international criminal jurisdiction of the African Court of Justice and Human Rights pursuant to the Malabo Protocol (2014) / Daniel D. Ntanda Nsereko and Manuel J. Ventura -- Genocide and other international crimes by unincorporated groups : will there be loopholes for them in the African Court? / Hannibal Travis -- The crime of aggression in the African Court of Justice and Human and Peoples' Rights / Sergey Sayapin -- Transnational crimes jurisdiction of the Criminal Chamber of the African Court of Justice and Human and Peoples' Rights / Neil Boister -- Jurisdiction of the Criminal Chamber of the African Court of Justice and Human and Peoples' Rights / Neil Boister -- The crime of piracy / Douglas Guilfoyle and Rob McLaughlin -- The crime of terrorism within the jurisdiction of the African Court of Justice and Human and Peoples' Rights : Article 28G of the AU's Malabo Protocol 2014 / Ben Saul -- The crime of mercenarism : a challenge for the judges of the new African Court / Jos�e L. G�omez del Prado -- Combating corruption effectively? : the role of the African Court of Justice and Human Rights / John Hatchard -- Money laundering and the African Court of Justice and Human and Peoples' Rights / Cecily Rose -- Human trafficking in Africa : opportunities and challenges for the African Court of Justice and Human Rights / Tom Obokata -- Prosecuting dirty dumping in Africa / Matiangai V. S. Sirleaf -- Illicit exploitation of natural resources / Dani�ella Dam de Jong and James G. Stewart -- Unconsititutional change of government : a new crime within the jurisdiction of the African Criminal Court / Harmen van der Wilt -- Complementarity at the African Court / Margaret M. deGuzman -- Defence and fair trial rights at the African Court of Justice and Human and Peoples' Rights / Melinda Taylor -- Article 46L : promoting an effective cooperation regime / Dire Tladi -- Modes of liability and individual criminal responsibility / Wayne Jordash and Natacha Bracq -- Article 46C : corporate criminal liability at the African Criminal Court / Joanna Kyriakakis -- Administering international criminal justice through the African Court : opportunities and challenges in international law / Chile Eboe-Osuji -- Article 46A bis : beyond the rhetoric / Dire Tladi -- Defences to criminal liability / Sara Wharton -- Sentencing and penalties / Mark A. Drumbl -- A promise too dear? : the right to reparations for victims of international crimes under the Malabo Protocol of the African Criminal Court / Godfrey M. Musila -- The human rights jurisdiction of the African Court of Justice and Human and Peoples' Rights / Rachel Murray -- Complementarity between the International Criminal Law Section and human rights mechanisms in Africa / Pacifique Manirakiza -- The ACJHR's general jurisdiction for general affairs : any question of international law? : not quite / Edwin Bikundo -- Some observations on the jurisdiction of the African Court of Justice and Human Rights over international administrative law / Adejok�e Babington-Ashaye -- Financing and sustaining the African Court of Justice and Human and Peoples' Rights / Vincent O. Nmehielle -- Between hope and doubt : the Malabo Protocol and the resources requirements of an African Criminal Court / Stuart Ford -- Civil society and international criminal justice in Africa : perspectives on the proposed African Court of Justice and Human Rights / Netsanet Belay and Japhet Biegon.
Summary: The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.
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Includes bibliographical references and index.

Introduction: Origins and issues of the African Court of Justice and Human and Peoples' Rights / Kamari M. Clarke, Charles C. Jalloh and Vincent O. Nmehielle -- The place of the African Court of Justice and Human and Peoples' Rights in the prosecution of serious crimes in Africa / Charles C. Jalloh -- Peace and 'justice' sequencing in management of violence in the Malabo Protocol for the African Court / Kamari M. Clarke -- The African Union transitional justice policy framework and how it fits into the African governance architecture (AGA) : promise and prospects for the African Court of Justice and Human Rights / George Mukundi Wachira -- The advent of a differentiated accountability system : the African Court of Justice and Human Rights and the AU transitional justice architecture / Tim Murithi -- Concurrent jurisdiction of the International Criminal Court and the African Criminal Chamber in the case of concurrent referrals / Erika de Wet -- The African Criminal Court : towards an emancipatory politics / Adam Branch -- A classification of the crimes in the Malabo Protocol / Charles C. Jalloh -- Perspectives on the international criminal jurisdiction of the African Court of Justice and Human Rights pursuant to the Malabo Protocol (2014) / Daniel D. Ntanda Nsereko and Manuel J. Ventura -- Genocide and other international crimes by unincorporated groups : will there be loopholes for them in the African Court? / Hannibal Travis -- The crime of aggression in the African Court of Justice and Human and Peoples' Rights / Sergey Sayapin -- Transnational crimes jurisdiction of the Criminal Chamber of the African Court of Justice and Human and Peoples' Rights / Neil Boister -- Jurisdiction of the Criminal Chamber of the African Court of Justice and Human and Peoples' Rights / Neil Boister -- The crime of piracy / Douglas Guilfoyle and Rob McLaughlin -- The crime of terrorism within the jurisdiction of the African Court of Justice and Human and Peoples' Rights : Article 28G of the AU's Malabo Protocol 2014 / Ben Saul -- The crime of mercenarism : a challenge for the judges of the new African Court / Jos�e L. G�omez del Prado -- Combating corruption effectively? : the role of the African Court of Justice and Human Rights / John Hatchard -- Money laundering and the African Court of Justice and Human and Peoples' Rights / Cecily Rose -- Human trafficking in Africa : opportunities and challenges for the African Court of Justice and Human Rights / Tom Obokata -- Prosecuting dirty dumping in Africa / Matiangai V. S. Sirleaf -- Illicit exploitation of natural resources / Dani�ella Dam de Jong and James G. Stewart -- Unconsititutional change of government : a new crime within the jurisdiction of the African Criminal Court / Harmen van der Wilt -- Complementarity at the African Court / Margaret M. deGuzman -- Defence and fair trial rights at the African Court of Justice and Human and Peoples' Rights / Melinda Taylor -- Article 46L : promoting an effective cooperation regime / Dire Tladi -- Modes of liability and individual criminal responsibility / Wayne Jordash and Natacha Bracq -- Article 46C : corporate criminal liability at the African Criminal Court / Joanna Kyriakakis -- Administering international criminal justice through the African Court : opportunities and challenges in international law / Chile Eboe-Osuji -- Article 46A bis : beyond the rhetoric / Dire Tladi -- Defences to criminal liability / Sara Wharton -- Sentencing and penalties / Mark A. Drumbl -- A promise too dear? : the right to reparations for victims of international crimes under the Malabo Protocol of the African Criminal Court / Godfrey M. Musila -- The human rights jurisdiction of the African Court of Justice and Human and Peoples' Rights / Rachel Murray -- Complementarity between the International Criminal Law Section and human rights mechanisms in Africa / Pacifique Manirakiza -- The ACJHR's general jurisdiction for general affairs : any question of international law? : not quite / Edwin Bikundo -- Some observations on the jurisdiction of the African Court of Justice and Human Rights over international administrative law / Adejok�e Babington-Ashaye -- Financing and sustaining the African Court of Justice and Human and Peoples' Rights / Vincent O. Nmehielle -- Between hope and doubt : the Malabo Protocol and the resources requirements of an African Criminal Court / Stuart Ford -- Civil society and international criminal justice in Africa : perspectives on the proposed African Court of Justice and Human Rights / Netsanet Belay and Japhet Biegon.

The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.

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