Is the African Union’s decision on the ICC and the adoption of Article 46A Bis of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human rights unlawful under international law?

Master Thesis

2014

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University of Cape Town

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The proceedings brought against Kenyan President Uhuru Kenyatta and his deputy, William Ruto for post-election election violence in 2007 by the International Criminal Court has resulted in action by the African Union that undermines individual criminal responsibility for heads of state and government officials and for the promotion and protection of human rights in Africa. This thesis will assess whther the African Union’s decision to not cooperate with the International Criminal Court , and the adoption of Article 46A Bis of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights is unlawful under the principles of international law. This thesis will also assess how thes e decisions will impact Africa’s ability to promote and protect human rights on the continent.
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Includes bibliographical references.

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