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LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021
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LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021
Assignment question: In 2014, the African Union (AU) heads of states and governments adopted the
Malabo Protocol which sought to strengthen African’s international criminal justice system and aid in
the fight against impunity. There is ongoing debate regarding the manner in which the AU approached
the punishment of atrocity crimes on the continent. Some scholars have argued that Article 46Abis
only serves to promote impunity, and flies in the face of established norms in international law. The AU
has for the most part resorted to the Arrest Warrant case and general international customary law to
justify its stand point. In a thoroughly researched essay, critically discuss whether the AU’s argument
holds water in international law; and whether this immunity clause can be legally justified.
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,LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021
LCP4801
ASSIGNMENT 1
842160
&
ASSIGNMENT 2
540478
RESEARCH ESSAY
FOOTNOTES AND BIBLIOGRAPHY INCLUDED
2021 – SUPER SEMESTER
SEMESTER 1
2021
This document is to be used for comparison, research and reference purposes only.
Directly submitting and/or reselling/distribution / reproduction any part of this document is not permitted.
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, LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021
LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1 2021
PREVIEW OF:
Assignment 1
Question:
In 2014, the African Union (AU) heads of states and governments adopted the Malabo Protocol
which sought to strengthen African’s international criminal justice system and aid in the fight against
impunity. There is ongoing debate regarding the manner in which the AU approached the
punishment of atrocity crimes on the continent. Some scholars have argued that Article 46Abis only
serves to promote impunity, and flies in the face of established norms in international law. The AU
has for the most part resorted to the Arrest Warrant case and general international customary law
to justify its stand point.
In a thoroughly researched essay, critically discuss whether the AU’s argument holds water in
international law; and whether this immunity clause can be legally justified.
Essay Research & Answers:
There are two types of immunity from jurisdiction in relation to state officials. Under international
law, representatives of foreign states may be beneficiaries of personal immunity or functional
immunity, or both. Personal immunity (immunity ratione personae or diplomatic immunity)
‘provides complete immunity of the person of certain officeholders while they carry out important
representative functions’…
ALSO ADDED IS NOTES OF THE PROTOCOL AND A FEW FURTHER TIPS
The Rest of this assignment follows on the next page →
Assignment 2
MCQ Questions:
1. True
2. True
LCP4801 ASSIGNMENT 1 - MEMO - SEMESTER 1
2021
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