LCP4801 ASSIGNMENT 1 SEMESTER 1 FOR
2023-INTERNATIONAL LAW. 90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK
WITH FOOTNOTES AND BIBLIOGRAPHY.
In June 2014, the African Union sitting in Malabo, Equatorial Guinea adopted a
legal instrument which expanded the jurisdiction of the African Court of Justice
and Human Rights. The instrument known as the Protocol on the Amendments to
the Protocol on the Statute of the African Court of Justice and Human Rights (the
Malabo Protocol) introduced a third chamber known as the International Criminal
Law Section. This effectively created a new international criminal court for Africa.
However progressive this initiative was, several commentators raised concern
with article 46A bis (the immunity clause) which provides that:
"No charges shall be commenced or continued before the Court against any
serving AU Head of State or Government, or anybody acting or entitled to act in
such capacity, or other senior state officials based on their functions, during their
tenure of office."
Your organisation, Africa First is a human rights organisation working in conflict
zones around the continent to identify and assist victims of human rights
violations. You are asked to give an opinion on the legality or otherwise of the
immunity clause as cited above. You are to rely on case law and other
authoritative sources of international law in your response.
(a) Define the concept of immunity (5)
Immunity refers to the officially granted exemption from legal proceedings or liability.
Strydom H (2016) mentioned that under the principle of immunity, international law
prevents a state from exercising jurisdiction over a matter or person, that will ordinarily
fall within its jurisdiction, either based on the identity of the person or entity involved
(Minister of Foreign Affairs or Head of State for example) or the nature of the conduct in
question.1 Foreign affairs were handled by government officials in pre-colonial Africa.
These officials frequently have immunity from unjustified detention. In general,
international law addressing immunity serves two purposes: to maintain the peaceful
1
Strydom H, International law (Oxford University Press 2016).
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