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Introductory Remarks by Erika de Wet

Published online by Cambridge University Press:  28 March 2018

Erika de Wet
Erika de Wet*
Affiliation:
University of Pretoria Faculty of Law.
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Extract

In June 2014, the African Union adopted a treaty (referred to as the Malabo Protocol) that would establish the first regional court with jurisdiction over human rights, general matters, and criminal matters. Its substantive jurisdiction included international and transnational crimes, as well as corporate criminal liability. This development sparked a debate as to whether other regions (notably Latin America) should also adopt a regional criminal court to prosecute transnational organized crime in Latin America. Moreover, the adoption of the Malabo Protocol raised questions concerning the relationship between regional criminal courts, national (domestic) courts, and the International Criminal Court (ICC) in the enforcement of international criminal law.

Type
Does International Law Value Regionalism in Criminal Law Enforcement?
Information
Proceedings of the ASIL Annual Meeting , Volume 111 , 2017 , pp. 107 - 108
Copyright
Copyright © by The American Society of International Law 2018 

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Footnotes

*

Mr. Gathii and Mr. Nmehielle did not contribute remarks for the Proceedings.

This panel was convened at 1:00 p.m., Thursday, April 13, 2017, by its moderator, Erika de Wet of the Faculty of Law at the University of Pretoria, who introduced the panelists: James Gathii of Loyola University Chicago School of Law; Alexandra Huneeus of the University of Wisconsin Law School; and Vincent O. Nmehielle of the African Development Bank.*

References

1 Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), AU Doc. No. STC/Legal/Min. 7(1) Rev.1 (May 14, 2014).

2 SC Res. 955 (Nov. 8, 1994).

3 The Special Court was established pursuant to SC Res. 1315 (Aug. 14, 2000) and an Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, 2178 UNTS 137 (Jan. 16, 2002). The text of the Statute of the Special Court for Sierra Leone (Jan. 16, 2002) is available at http://www.rscsl.org/Documents/scsl-statute.pdf.

4 See Agreement Between the Government of the Republic of Senegal and the African Union on the Creation of Extraordinary African Chambers on the Senegalese Courts, Aug. 22, 2012, available at http://www.forumchambresafricaines.org/docs/Agreement_AU-Senegal_establishing_AEC.pdf. For the Statute of the Extraordinary African Chambers, see Statute of the Extraordinary African Chambers in the Senegalese Courts for the Prosecution of International Crimes Committed in Chad Between 7 June 1982 and 1 December 1990 (LC1889), available at http://www.forumchambresafricaines.org/docs/Statute_of_the_Extraordinary_African_Chambers.pdf.