African Court of Justice and Human and Peoples’ Rights : prospects and challenges of prosecuting unconstitutional changes of government as an international crime

Description

In its latest attempt to curb the plight of unconstitutional changes of government in Africa,
the African Union (AU) is in the process of empowering the African Court of Justice and
Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional
changes of government in member states. This study considers the prospects and
challenges of such prosecution by the proposed African Court. The study first identifies the
normative and institutional framework developed by the Organisation of African Unity
(OAU), and later the AU to address unconstitutional changes of government in the
continent. It then analyses the AU’s response to unconstitutional changes of government in
member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case
studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the
changes in these countries, including the capability of the AU’s normative and institutional
framework to address all forms of unconstitutional changes in the region. Most
importantly, the study addresses the challenges and prospects of prosecuting
unconstitutional changes of government by the proposed African Court and whether the
Court would be able to overcome the short-comings identified in the case studies. It finally
concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

Links & Downloads

1. http://hdl.handle.net/2263/37278
2. Ayalew, AT 2012, African Court of Justice and Human and Peoples’ Rights : prospects and challenges of prosecuting unconstitutional changes of government as an international crime, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/37278>
3. F13/9/1169/gm

Tags

Unconstitutional changes

African Union (AU)

African Court of Justice

Empowerment

Organisation of African Unity

(OAU)

UCTD

Additional Fields

Identifer	oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/37278
Date	January 2012
Creators	Ayalew, Albab Tesfaye
Contributors	Georgijevic, Shivani
Publisher	University of Pretoria
Source Sets	South African National ETD Portal
Language	English
Detected Language	English
Type	Mini Dissertation
Rights	© 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.