INSTITUTIONAL AND NORMATIVE CHALLENGESOF THE PROPOSED AFRICAN PERMANENT COURT OF JUSTICE

Abstract

The initial momentum and enthusiasm that accompanied the establishment of the International Criminal Court (ICC) have waned over time. Despite facing numerous challenges, the creation of the ICC marked the beginning of a new era in international criminal justice. This development, however, contrasts sharply with the widespread discontent and frustration expressed by the African continent towards the ICC's operations. This discontent has driven the African Union (AU) to push for the establishment of a Permanent Court of Justice with jurisdiction over international crimes, signaling a significant shift away from the ICC at The Hague. This paper thoroughly examines the normative and institutional challenges associated with the proposed AU Court. It delves into the theoretical foundations for the regionalization of international criminal justice, exploring the mechanisms for establishing such a court and assessing its potential viability. The analysis covers the legal and procedural hurdles that must be overcome to create a permanent African court capable of handling international crimes, highlighting both the opportunities and the limitations inherent in this ambitious undertaking. Additionally, the paper addresses potential conflicts of legitimacy between the proposed AU Court and the ICC by interpreting the principle of complementarity enshrined in the Rome Statute. This principle, which underpins the ICC's jurisdiction, is revisited and applied by analogy to the proposed AU Court. By doing so, the paper offers a nuanced solution that aims to reconcile the coexistence of regional and international criminal justice systems. Ultimately, this exploration seeks to contribute to the ongoing dialogue about enhancing international criminal justice and ensuring it is more responsive to the diverse needs and perspectives of different regions.