• General Questions
• Hot Topics

1. Is the African Court currently in force? Which countries are likely to ratify the Malabo Protocol for the African Court so that it can begin to be operational?
   

2. Does the recognition of immunities ratione personae before the African Court conflict with the Rome Statute for the ICC, customary international law, or the African domestic laws? (clarify the distinction between Immunity rationae materiae and Immunity ratione personae).

3. How is the Tri-Partite Jurisdiction of the African Court innovative in international law practice and what is its significance?
   

4. Does the African Court have an appeals infrastructure?
   

5. What is the significance of the African Court’s Introduction of the Defense Office?

6. What is content of the General Affairs Jurisdiction of the African Court?
   

7. Will the expanded African Court affect the Human Rights Jurisdiction of the African Court of Justice and Human and Peoples’ Rights?

8. How wide is the International Criminal Jurisdiction of the African Court and why should it matter?

9. How will the African Court interact with the International Criminal Court and Regional Economic Courts?
   

1. Does the African Court reduce civil society participation in the pursuit of justice?

2.  Is an African Court with jurisdiction over international crimes a threat to the International Criminal Court?

3. Should the African Court and the ICC cooperate with a burden sharing approach or are they other ways to proceed in the pursuit of international justice?

4. Is the addition of Unconstitutional Change of Government as a crime under the African Court a threat to public and democratic protests?

5. Can Africa afford an African Court with three Jurisdictions?  Does it have the funding that it will need in order to be functional? How will it be financed?

6. Does the Immunity clause in the Malabo Protocol for the African Court mean impunity for those who commit serious crimes in Africa? 

7. Is the Malabo Protocol for the African Court a legitimate protocol if it is amending a Protocol that has yet to enter into force?How do we know that the African Court will not just be a sham for leaders wanting to evade justice?

8. What are the triggers for the jurisdiction of the African Court? Is it possible that they might conflict with those of the ICC?

9. How might the crime of Unconstitutional Change of Government (UCG) be used against the abuse of the Immunity Provision, 46A Bis?

10. Is the African Union’s peace and justice sequencing consistent with international law?