This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol.
The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies.
Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China).
Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Tabela de Conteúdo
Part I: Introduction.- 1. Creating an African Criminal Court.- 2. Historical and Political Background to the Malabo Protocol.- Part II: The Crimes in the Annex to the Malabo Protocol.- 3. Genocide (Article 28B), Crimes against Humanity (Article 28C), War Crimes (Article 28D) and the Crime of Aggression (Article 28M).- 4. The Crime of Unconstitutional Change of Government (Article 28E).- 5. Piracy (Article 28F), Terrorism (Article 28G) and Mercenarism (Article 28H).- 6. Corruption (Article 28I) and Money Laundering (Article 28Ibis).- 7. Trafficking in Persons (Article 28J) and Trafficking in Drugs (Article 28K).- 8. Trafficking in Hazardous Wastes (Article 28L) and Illicit Exploitation of Natural Resources (Article 28Lbis).- Part III: General Principles and Rules of Procedure in the Annex to the Malabo Protocol.- 9. Modes of Responsibility (Article 28N), Individual Criminal Responsibility (Article 46B) and Corporate Criminal Liability (Article 46C).- 10. Preconditions to the Exercise of Jurisdiction (Article 46Ebis), Exercise of Jurisdiction (Article 46F) and the Prosecutor (Article 46G).- 11. Complementary Jurisdiction (Article 46H).
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