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The Proposed Integration of the African Court of Justice and the African Court of Human and Peoples' Rights: Legal Difficulties and Merits

The Proposed Integration of the African Court of Justice and the African Court of Human and... * I. INTRODUCTION Through a decision of the Assembly of Heads of State and Government (“Assembly”) meeting in Addis Ababa between 6 and 8 July 2004, the African Union (the “AU” or “Union”) decided that the hitherto separate courts with continental jurisdiction – the African Court of Justice and the African Court on Human and Peoples’ Rights – should be integrated into one court.1 The decision was based on the need to rationalise the two courts and to make them cost effective.2 The Assembly further directed the Chairperson of the AU Commission (or Secretariat) to work out the modalities of implementing the decision.3 Although the Assembly later decided that the operationalisation of the human rights court should go ahead notwithstanding4 – and in this connection went ahead to appoint judges for the Court – the issue of the integration is still being worked out. The aim of this contribution is two-fold, namely, to highlight the difficulties involved in the integration of the two courts proposing the possible solutions; and to highlight the merits of such integration. II. BACKGROUND The institutional structure obtaining from the 1963 Organizsation of African Unity (OAU) Charter did not provide for any judicial body. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Proposed Integration of the African Court of Justice and the African Court of Human and Peoples' Rights: Legal Difficulties and Merits

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2007.15.1.138
Publisher site
See Article on Publisher Site

Abstract

* I. INTRODUCTION Through a decision of the Assembly of Heads of State and Government (“Assembly”) meeting in Addis Ababa between 6 and 8 July 2004, the African Union (the “AU” or “Union”) decided that the hitherto separate courts with continental jurisdiction – the African Court of Justice and the African Court on Human and Peoples’ Rights – should be integrated into one court.1 The decision was based on the need to rationalise the two courts and to make them cost effective.2 The Assembly further directed the Chairperson of the AU Commission (or Secretariat) to work out the modalities of implementing the decision.3 Although the Assembly later decided that the operationalisation of the human rights court should go ahead notwithstanding4 – and in this connection went ahead to appoint judges for the Court – the issue of the integration is still being worked out. The aim of this contribution is two-fold, namely, to highlight the difficulties involved in the integration of the two courts proposing the possible solutions; and to highlight the merits of such integration. II. BACKGROUND The institutional structure obtaining from the 1963 Organizsation of African Unity (OAU) Charter did not provide for any judicial body.

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2007

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