N. Lucas OLUKA, A. Franklins SANUBI, E. Abraham ORHERO
{"title":"国际刑事法院与非洲司法和人权法院协调管辖权的展望","authors":"N. Lucas OLUKA, A. Franklins SANUBI, E. Abraham ORHERO","doi":"10.56201/jpslr.v9.no1.2023.pg25.40","DOIUrl":null,"url":null,"abstract":"The intended coordinate jurisdiction with the International Criminal Court (ICC) and African Court of Justice and Human Rights (ACJHR) adopted by the Malabo Protocol 2014, and which called on all African Union (A.U) State parties to sign and ratify same, inarguably, raised questions concerning its prospects and challenges to the development of international criminal justice system. This study, therefore, argues that this development may undermine the universality of the Protocol of the International Criminal Court (ICC) and encumbered extradition processes in Africa if the coordinate jurisdiction to entertain cases relating to the contravention of the provisions of the international humanitarian laws, especially those that are related to violations of peoples’ rights which is a commonplace in the continent of Africa is sustained. It also argues that if properly managed it may also enhance the implementation of international extradition processes in Africa. To achieve its specific objectives, this study adopted historical research design relying mainly on secondary source of data. The study suggests among others that both courts should harmonise the jurisdictional mandates granted them by the protocols that established them and collaborate in cases involving individuals and regime leaders and officials in order to continue to indict and prosecute those who have contravened the provisions of international humanitarian laws, particularly in Africa that has recorded more grievous human rights violations during civil unrests, conflicts and civil wars.","PeriodicalId":493295,"journal":{"name":"JOURNAL OF POLITICAL SCIENCE AND LEADERSHIP RESEARCH","volume":"60 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Prospects of the Coordinate Jurisdiction of the International Criminal Court (ICC) and the African Court of Justice and Human Rights (ACJHR)\",\"authors\":\"N. Lucas OLUKA, A. Franklins SANUBI, E. Abraham ORHERO\",\"doi\":\"10.56201/jpslr.v9.no1.2023.pg25.40\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The intended coordinate jurisdiction with the International Criminal Court (ICC) and African Court of Justice and Human Rights (ACJHR) adopted by the Malabo Protocol 2014, and which called on all African Union (A.U) State parties to sign and ratify same, inarguably, raised questions concerning its prospects and challenges to the development of international criminal justice system. This study, therefore, argues that this development may undermine the universality of the Protocol of the International Criminal Court (ICC) and encumbered extradition processes in Africa if the coordinate jurisdiction to entertain cases relating to the contravention of the provisions of the international humanitarian laws, especially those that are related to violations of peoples’ rights which is a commonplace in the continent of Africa is sustained. It also argues that if properly managed it may also enhance the implementation of international extradition processes in Africa. To achieve its specific objectives, this study adopted historical research design relying mainly on secondary source of data. The study suggests among others that both courts should harmonise the jurisdictional mandates granted them by the protocols that established them and collaborate in cases involving individuals and regime leaders and officials in order to continue to indict and prosecute those who have contravened the provisions of international humanitarian laws, particularly in Africa that has recorded more grievous human rights violations during civil unrests, conflicts and civil wars.\",\"PeriodicalId\":493295,\"journal\":{\"name\":\"JOURNAL OF POLITICAL SCIENCE AND LEADERSHIP RESEARCH\",\"volume\":\"60 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-09-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JOURNAL OF POLITICAL SCIENCE AND LEADERSHIP RESEARCH\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.56201/jpslr.v9.no1.2023.pg25.40\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF POLITICAL SCIENCE AND LEADERSHIP RESEARCH","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.56201/jpslr.v9.no1.2023.pg25.40","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Prospects of the Coordinate Jurisdiction of the International Criminal Court (ICC) and the African Court of Justice and Human Rights (ACJHR)
The intended coordinate jurisdiction with the International Criminal Court (ICC) and African Court of Justice and Human Rights (ACJHR) adopted by the Malabo Protocol 2014, and which called on all African Union (A.U) State parties to sign and ratify same, inarguably, raised questions concerning its prospects and challenges to the development of international criminal justice system. This study, therefore, argues that this development may undermine the universality of the Protocol of the International Criminal Court (ICC) and encumbered extradition processes in Africa if the coordinate jurisdiction to entertain cases relating to the contravention of the provisions of the international humanitarian laws, especially those that are related to violations of peoples’ rights which is a commonplace in the continent of Africa is sustained. It also argues that if properly managed it may also enhance the implementation of international extradition processes in Africa. To achieve its specific objectives, this study adopted historical research design relying mainly on secondary source of data. The study suggests among others that both courts should harmonise the jurisdictional mandates granted them by the protocols that established them and collaborate in cases involving individuals and regime leaders and officials in order to continue to indict and prosecute those who have contravened the provisions of international humanitarian laws, particularly in Africa that has recorded more grievous human rights violations during civil unrests, conflicts and civil wars.