LCP4801 ASSIGNMENT 1 OF SEMESTER 1
2023
UNIQUE CODE: 755562
, Assignment 01
QUESTIONS:
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
b) Discuss the types of immunity attached to a head of state or representatives of
foreign states
c) With reference to case law and opinion writings, provide a detailed opinion on
whether a head of state or representative of a foreign government has immunity
from international crimes
1
2023
UNIQUE CODE: 755562
, Assignment 01
QUESTIONS:
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
b) Discuss the types of immunity attached to a head of state or representatives of
foreign states
c) With reference to case law and opinion writings, provide a detailed opinion on
whether a head of state or representative of a foreign government has immunity
from international crimes
1
