DOI: 10.7256/2454-0633.2022.3.38662

Abstract: In this article, the author investigated the legality and legitimacy of the African Criminal Court. Despite the immunity provision criticized by the international community, its legality is consistent with international law, while it cannot be argued that the African Criminal Court is an African "panacea" for combating impunity for serious international crimes. The initial support of the International Criminal Court by the African Union and its member States in the process of creation turned into strained relations after the indictment of the International Criminal Courts mainly against high-ranking African government officials. Contrary to many critics, the Malaba Protocol on the Establishment of the African Criminal Court satisfied the requirements of both legality and legitimacy as an international criminal court. Consequently, since the African Criminal Court and the International Criminal Court have joint jurisdiction over the most serious crimes of international concern, the harmonization of the African Criminal Court and the International Criminal Court on the basis of complementarity and cooperation will lead to the formation of a tandem to combat impunity for the most serious crimes affecting the international community. The article analyzes that, despite the tense relations, the coordinated work of the African Union and the International Criminal Court is necessary in the fight against impunity for the most serious crimes of international concern. The author comes to the conclusion that the African Criminal Court is not an African alternative, but an addition to the International Criminal Court.

DOI: 10.7256/2454-0633.2019.3.29751

Abstract: The subject of this article is the problem of acceptance of the rulings rendered by subregional economic courts by the African Commission on Human and Peoples’ Rights. The research leans on the approaches towards the procedure of filing same cases in multiple international jurisdictions. Particular attention is paid to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights; as well as to the work of African Commission and African Court with regards to the problems of low efficiency in their interaction with the courts of subregional economic communities. The article demonstrates the existence of complex and contradictory problems, which solution affect the eventual fate of the courts of African subregional economic communities. The solution of these issues depends on reaching consensus with regards to acceptance of rulings rendered by subregional economic communities as final, as well as permission to file complaints to the African Court on Human and Peoples’ Rights for separate individuals.

DOI: 10.7256/2454-0633.2017.2.22184

Abstract: This article is dedicated to the issues that emerged due to the uncertain competence of the Economic Community of West African States (ECOWAS) and jurisdiction of the ECOWAS Court of Justice. The author raises a question of “legislative” authorities of supranational organizations, conducts a comparative analysis with the European system of protection of human rights, as well as thoroughly reviews the demarcation of competences using the example of European Union. The work also analyze the constitutional document of ECOWAS, additional protocols, and judicial practice of ECOWAS Court. The author provides statistical data that confirm inefficiency of the African Court of Human and People’s Rights, and touches upon the question of parallel jurisdiction of the ECOWAS Court in the area of human rights and African Court. The article demonstrates the presence of complex and contradictory issues, which resolution affects the further work of ECOWAS Court as a quasi-judicial agency on protection of human rights. In order to solve such issues, the participant countries must agree on including the condition about the depletion of domestic funds of legal protection into the additional protocol of ECOWAS Agreement.