LCP4801
International Law
Assignment 1 Semester 1 – 2023
Unique number: 755562
In June 2014, the African Union sitting in Malabo, Equatorial Guinea adopted a
legal instrument which expanded the jurisdiction of the African Court of Justice
and Human Rights. The instrument known as the Protocol on the Amendments
to the Protocol on the Statute of the African Court of Justice and Human Rights
(the Malabo Protocol) introduced a third chamber known as the International
Criminal Law Section. This effectively created a new international criminal court
for Africa. However progressive this initiative was, several commentators raised
concern with article 46A bis (the immunity clause) which provides that:
"No charges shall be commenced or continued before the Court against any
serving AU Head of State or Government, or anybody acting or entitled to act in
such capacity, or other senior state officials based on their functions, during
their tenure of office."
Your organisation, Africa First is a human rights organisation working in conflict
zones around the continent to identify and assist victims of human rights
violations. You are asked to give an opinion on the legality or otherwise of the
immunity clause as cited above. You are to rely on case law and other
authoritative sources of international law in your response.
a) Define the concept of immunity (5)
International Law
Assignment 1 Semester 1 – 2023
Unique number: 755562
In June 2014, the African Union sitting in Malabo, Equatorial Guinea adopted a
legal instrument which expanded the jurisdiction of the African Court of Justice
and Human Rights. The instrument known as the Protocol on the Amendments
to the Protocol on the Statute of the African Court of Justice and Human Rights
(the Malabo Protocol) introduced a third chamber known as the International
Criminal Law Section. This effectively created a new international criminal court
for Africa. However progressive this initiative was, several commentators raised
concern with article 46A bis (the immunity clause) which provides that:
"No charges shall be commenced or continued before the Court against any
serving AU Head of State or Government, or anybody acting or entitled to act in
such capacity, or other senior state officials based on their functions, during
their tenure of office."
Your organisation, Africa First is a human rights organisation working in conflict
zones around the continent to identify and assist victims of human rights
violations. You are asked to give an opinion on the legality or otherwise of the
immunity clause as cited above. You are to rely on case law and other
authoritative sources of international law in your response.
a) Define the concept of immunity (5)
