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 Periodical article |
 Leiden University catalogue |
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| Title: | Unlocking the African Court of Justice and Human Rights |
| Author: | Weldehaimanot, Simon M. |
| Year: | 2009 |
| Periodical: | Journal of African and international law (ISSN 1821-620X) |
| Volume: | 2 |
| Issue: | 2 |
| Pages: | 167-209 |
| Language: | English |
| Geographic term: | Africa |
| Subjects: | African Court on Human and Peoples' Rights jurisdiction |
| Abstract: | In July 2005 the African Union (AU) decided to merge the Court of Justice of the African Union (CJ) and the African Court on Human and Peoples' Rights (ACHPR) to form the African Court of Justice and Human Rights (ACJ&HR). The way the merger is provided by the ACJ&HR Protocol to a large extent maintains the separate identity of the CJ and the ACHPR, which will form the two sections of the ACJ&HR. The CJ (condemned to be merged before it is established) is the principal judicial organ of the AU, whereas the ACHPR is a treaty body. The ACJ&HR has been made the judicial organ of the AU. To understand the modalities of the merger, the author looks at the nature of the two independent courts and then at the one formed out of their merger, briefly discussing what will be lost and gained when the merger takes place. The limited standing of NGOs and individuals before the ACHPR has not been remedied, even though standing before the ACJ&HR is expanded to a few new entities, such as the Committee of Experts. The author discusses the legal and non-legal arguments for enabling NGOs and individuals to bring cases before the ACJ&HR, including the role of Amicus Curiae and the entitlement of the African Commission and the Committee of Experts to refer or submit a case. Notes, ref. [ASC Leiden abstract] |