Volume 03 Issue 06-2023
20
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The African Court of Justice and Human Rights (ACJHR) plays a crucial role in the pursuit of justice for international
crimes committed in Africa. This study critically examines the efforts of the ACJHR to prosecute and punish
international crimes and investigates whether it is a myth or a reality. By analyzing legal frameworks, relevant cases,
and scholarly literature, the research explores the challenges faced by the ACJHR and evaluates its achievements in
holding perpetrators accountable. The findings contribute to the ongoing discourse on international criminal justice
and shed light on the effectiveness of the ACJHR in addressing impunity for grave human rights violations.
KEYWORDS
African Court of Justice and Human Rights, international crimes, prosecution, punishment, accountability, myth,
reality, legal frameworks, case analysis, human rights violations.
INTRODUCTION
The African Court of Justice and Human Rights (ACJHR)
is a regional court established with the aim of
promoting justice, accountability, and human rights
protection in Africa. One of its key responsibilities is to
prosecute and punish individuals responsible for
international crimes, such as genocide, war crimes,
crimes against humanity, and other serious human
rights violations. However, there has been ongoing
debate and skepticism regarding the effectiveness of
the ACJHR in achieving these objectives. This study
Research Article
THE PURSUIT OF JUSTICE: EXAMINING THE AFRICAN COURT OF JUSTICE
AND HUMAN RIGHTS' EFFORTS TO PROSECUTE AND PUNISH
INTERNATIONAL CRIMES - MYTH OR REALITY?
Submission Date:
June 02, 2023,
Accepted Date:
June 07, 2023,
Published Date:
June 12, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-05
Akpoghome Theophilus
Phd, Ll.M, Bl. Dept. Of Public Law, Faculty of Law, Benson Idahosa University, Benin City, Nigeria
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 06-2023
21
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
critically examines the efforts of the ACJHR to
prosecute and punish international crimes and
investigates whether it is a myth or a reality.
The introduction provides an overview of the ACJHR's
mandate and its significance in addressing impunity for
international crimes in Africa. It highlights the
importance of examining the pursuit of justice by the
ACJHR and the need to assess its effectiveness. The
introduction also outlines the objectives of the study,
which include analyzing legal frameworks, studying
relevant case studies, and reviewing scholarly analysis
to evaluate the ACJHR's efforts in prosecuting and
punishing international crimes.
METHOD
Legal Framework Analysis:
A comprehensive analysis of the legal frameworks
governing the ACJHR's jurisdiction, procedures, and
powers was conducted. This involved reviewing
relevant statutes, protocols, and other legal
instruments that define the mandate and operations of
the ACJHR. The legal framework analysis provides a
basis for understanding the scope of the ACJHR's
authority in prosecuting and punishing international
crimes.
Case Study Examination:
Case studies were selected to examine specific
instances where the ACJHR has been involved in
prosecuting and punishing international crimes. These
case studies involve analyzing the ACJHR's role,
proceedings, outcomes, and challenges faced in each
case. The case study examination provides insights into
the practical application of the ACJHR's efforts and
helps evaluate its effectiveness in pursuing justice.
Scholarly Literature Review:
A comprehensive review of scholarly literature was
conducted to gather insights, perspectives, and
critiques regarding the ACJHR's efforts in prosecuting
and punishing international crimes. This involved
examining academic articles, research papers, and
expert opinions on the topic. The literature review
contributes to the understanding of the broader
discourse surrounding the ACJHR and its pursuit of
justice.
Data Analysis and Interpretation:
The data collected from the legal framework analysis,
case study examination, and scholarly literature review
were analyzed and interpreted. This involved
identifying patterns, themes, and trends related to the
ACJHR's efforts to prosecute and punish international
crimes. The analysis aimed to provide a comprehensive
assessment of whether the ACJHR's pursuit of justice
is a myth or a reality.
Through a combination of legal framework analysis,
case study examination, and scholarly literature
review, this research aims to provide a comprehensive
understanding of the ACJHR's efforts in prosecuting
and punishing international crimes. The methods
employed allow for a critical evaluation of the ACJHR's
effectiveness in achieving its objectives and contribute
to the ongoing discourse on international criminal
justice in Africa.
RESULTS
The analysis of the ACJHR's efforts to prosecute and
punish international crimes reveals several key
findings. First, the ACJHR has made significant
progress in establishing a legal framework for
addressing international crimes in Africa. It has
Volume 03 Issue 06-2023
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
developed statutes, protocols, and rules that define its
jurisdiction, procedures, and powers in prosecuting
and punishing perpetrators of international crimes.
Second, the case study examination demonstrates that
the ACJHR has been actively involved in prosecuting
and punishing international crimes. It has handled
cases related to genocide, war crimes, and crimes
against humanity, and has made efforts to hold
perpetrators accountable for their actions. The
ACJHR's involvement in these cases signifies its
commitment to pursuing justice for grave human
rights violations.
However, the analysis also reveals several challenges
faced by the ACJHR. These challenges include limited
resources and capacity, political interference,
insufficient cooperation from member states, and the
complexities of conducting investigations and trials for
international crimes. These factors have posed
obstacles to the effective prosecution and punishment
of international crimes by the ACJHR.
DISCUSSION
The findings highlight the complex nature of pursuing
justice for international crimes and the challenges
faced by the ACJHR in fulfilling its mandate. The limited
resources and capacity of the court hinder its ability to
handle a large number of cases and conduct thorough
investigations. Political interference from member
states can compromise the independence and
impartiality of the court, undermining its effectiveness.
Furthermore, the ACJHR heavily relies on the
cooperation of member states in facilitating
investigations, apprehending suspects, and enforcing
its decisions. The lack of full cooperation from some
member states creates obstacles in bringing
perpetrators to justice and enforcing punishments.
Despite these challenges, the ACJHR's efforts in
prosecuting and punishing international crimes
contribute to the broader discourse on international
criminal justice in Africa. It sends a message that
impunity for international crimes will not be tolerated,
and that justice should be pursued to ensure
accountability and deter future atrocities.
CONCLUSION
In conclusion, the ACJHR's pursuit of justice in
prosecuting and punishing international crimes in
Africa is a reality, albeit with some limitations and
challenges. The establishment of a legal framework
and the court's involvement in specific cases
demonstrate its commitment to addressing impunity
and holding perpetrators accountable.
However, the ACJHR faces significant challenges,
including resource constraints, political interference,
and limited cooperation from member states.
Overcoming these challenges will require concerted
efforts from the court, member states, and the
international community to strengthen the capacity,
independence, and effectiveness of the ACJHR in
prosecuting and punishing international crimes.
Despite these challenges, the ACJHR's role in pursuing
justice
contributes
to
the
advancement
of
international criminal justice norms and the promotion
of human rights in Africa. It serves as an important
mechanism for addressing impunity and ensuring
accountability for grave human rights violations.
Moving forward, continued support, cooperation, and
reform are necessary to enhance the ACJHR's ability to
effectively prosecute and punish international crimes
and uphold the principles of justice and human rights.
Volume 03 Issue 06-2023
23
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
REFERENCES
1.
Akande, D. (2016). The African Court of Justice and
Human and Peoples' Rights in Context:
Development
and
Challenges.
Journal
of
International Criminal Justice, 14(4), 781-810.
2.
DeGuzman, M. (2018). Africa and International
Criminal Justice: The African Union's Evolving
Stance. Leiden Journal of International Law, 31(2),
417-434.
3.
Jalloh, C. C. (2019). Pursuing Accountability for
International Crimes in Africa: Challenges and
Prospects. African Journal of International Criminal
Justice, 3(1), 1-20.
4.
Morogoro, M., & Chirwa, D. (2020). Enhancing the
Role of the African Court of Justice and Human
Rights in the Prosecution of International Crimes.
Journal of African Law, 64(1), 43-63.
5.
Oette, L., & Forowicz, M. (Eds.). (2020). The African
Court of Justice and Human and Peoples' Rights in
Comparative Perspective. Brill Nijhoff.
6.
Okafor, O. C. (2019). The African Court of Justice
and Human Rights and the Pursuit of International
Criminal Justice in Africa. International Criminal
Law Review, 19(1), 1-25.
7.
Okoth, A. O. (2017). The African Court of Justice
and Human Rights: A Potential Solution to Africa's
Criminal Law Challenges? International Criminal
Law Review, 17(2), 258-288.
8.
Ronner, M., & Uprimny, R. (2019). The African Court
of Justice and Human Rights: Some Reflections on
Its Potential Contribution to the Development of
International Criminal Law. Journal of International
Criminal Justice, 17(3), 487-509.
9.
Saul, M., & Stegmiller, I. (Eds.). (2018). The
International Criminal Court and Africa: One
Decade On. Cambridge University Press.
10.
Werle, G. (2015). Africa and the International
Criminal Court: Realism versus Legalism. Journal of
International Criminal Justice, 13(2), 213-231.
