Research degree: PhD
Start date: 2021
Research summary
Project Title: Towards an African Conception of International Criminal Justice: A Critical Analysis of the Malabo Protocol
My research aims to critically examine the Malabo Protocol, an instrument the African Union (AU) introduced to establish a regional court focused on addressing crimes under international law, specifically in the context of African realities and aspirations. The Malabo Protocol, adopted in 2014, seeks to expand the African Court of Justice and Human Rights' jurisdiction by incorporating criminal jurisdiction. Thus, it aims to prosecute core crimes like genocide, war crimes, crimes against humanity, and quotidian crimes relevant to African specificities. This represents a significant development for the African Union, as it reflects an African-led effort to shape the discourse around international criminal justice, which has often been dominated by Western institutions like the International Criminal Court (ICC).
My research examines how the Malabo Protocol is positioned in relation to the ICC, which has been criticised in Africa for its perceived bias and for disproportionately targeting African leaders. I explore the motivations behind the Malabo Protocol, considering factors such as African sovereignty, the desire for justice, and the African Union’s role in fostering peace and security. My project also addresses challenges and contradictions inherent in the Protocol, such as the potential for political manipulation and the lack of enforcement mechanisms.
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Research Supervisor: Allwell Uwazuruike, Ian Turner
Student: Oluwafeyisola Eniaiyeju
