By Gerhard Werle, Moritz Vormbaum
This e-book bargains the 1st entire and in-depth research of the provisions of the ‘Malabo Protocol’—the modification protocol to the Statute of the African courtroom of Justice and Human and Peoples’ Rights—adopted through the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, as soon as it has obtained the necessary variety of ratifications, will create a brand new part within the African courtroom of Justice and Human and Peoples’ Rights with jurisdiction over foreign and transnational crimes, for this reason an ‘African felony Court’. during this booklet, best specialists within the box of overseas felony legislations study the most provisions of the Annex to the Malabo Protocol.
The ebook offers a vital and topical resource of knowledge for students, practitioners and scholars within the box of overseas felony legislations, and for all readers with an curiosity in political technology and African studies.
Gerhard Werle is Professor of German and Internationa l Crimina l legislation, felony method and glossy criminal historical past at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational felony Justice. furthermore, he's a unprecedented Professor on the collage of the Western Cape and Honorary Professor at North-West collage of Political technology and legislation (Xi’an, China).
Moritz Vormbaum obtained his doctoral measure in legal legislation from the college of Münster (Germany) and his postdoctoral measure from Humboldt-Universität zu Berlin. he's a Senior Researcher at Humboldt-Universität, in addition to a coordinator and lecturer on the South African-German Centre for Transnational felony Justice.
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Additional resources for The African Criminal Court: A Commentary on the Malabo Protocol
Article 34 of the Vienna Convention on the Law of Treaties states that “[a] treaty does not create either obligations or rights for a third State without its consent”. Thus, if there is an obligation imposed by the complementarity principle against the creation of an alternative international criminal jurisdiction—and there is no convincing reason to believe that such an obligation exists—a common sense application of the rules of international law dictates that the obligation can only apply to States Parties to that Statute.
In the light of the consequences for possible suspects, the criminalization of such a prohibition calls for special justification. It is unclear whether such a justification existed in the minds of the drafters since there are no travaux that might inform us to that effect. 24 This is only reasonable. Take, for example, the case that a party to a conflict uses a dam for military purposes. An attack by the other party would then be justified by military necessity. By contrast, the Malabo Protocol’s proposal implies that such attacks are absolutely prohibited and may, therefore, be criminalized.
55 (“practical guideline”); see also Tadic´, No. , No. ICTY-IT-96-21-T, Judgment, 16 November 1998, para 195. ” 23 44 K. 25 This means that the Malabo Protocol drafters assume that the employment of the weapons mentioned in this subparagraph is prohibited by international (humanitarian) law and may be criminalized notwithstanding their merely being listed in an annex. This seems a reasonable enough approach insofar as one may consider the employment of such weapons—in light of the certain longstanding prohibitions26 and general principles of international humanitarian law, in particular the maxim of humanity27—to be prohibited by customary law28 and serious enough to be criminalized.