More than ten years after its adoption, the Malabo Protocol had not yet entered into force due to an insufficient number of ratifications. The project was, however, brought back into focus by Angola’s deposit of its instrument of ratification on 31 May 2024, almost coinciding with the tenth anniversary of the Protocol’s adoption. The paper addresses the continuing relevance of the African Criminal Court under its ratione materiae jurisdiction. It examines whether, in line with the principles and objectives enshrined in the Constitutive Act of the African Union, the renewed interest in the Court may represent a meaningful step, particularly in light of current AU priorities. It reassesses the limitations of the Malabo Protocol – including the contested immunity clause – and considers the relationship with the International Criminal Court, with particular reference to possible mechanisms of complementarity. Finally, it evaluates whether Angola’s ratification may encourage subsequent ratifications by other States, while emphasizing the need to recalibrate the initiative to ensure a practicable and effective implementation.
Is It Time to Reconsider the Creation of an African Criminal Court? Some Reflections Following Angola’s Recent Ratification of the Malabo Protocol
miriam schettini
2026-01-01
Abstract
More than ten years after its adoption, the Malabo Protocol had not yet entered into force due to an insufficient number of ratifications. The project was, however, brought back into focus by Angola’s deposit of its instrument of ratification on 31 May 2024, almost coinciding with the tenth anniversary of the Protocol’s adoption. The paper addresses the continuing relevance of the African Criminal Court under its ratione materiae jurisdiction. It examines whether, in line with the principles and objectives enshrined in the Constitutive Act of the African Union, the renewed interest in the Court may represent a meaningful step, particularly in light of current AU priorities. It reassesses the limitations of the Malabo Protocol – including the contested immunity clause – and considers the relationship with the International Criminal Court, with particular reference to possible mechanisms of complementarity. Finally, it evaluates whether Angola’s ratification may encourage subsequent ratifications by other States, while emphasizing the need to recalibrate the initiative to ensure a practicable and effective implementation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
