The Principle of Complementarity: the International Criminal Court and an
International Criminal Law Section at the African Court of Justice and Human
Rights
This paper will explore how the principle of complementarity, the basis upon which the
International Criminal Court exercises jurisdiction, would function in a relationship between the
ICC and the proposed African Criminal Court, an expansion of the African Court of Justice and
Human Rights. In order to examine the tension between the African Union and the International
Criminal Court, the first section of the paper will offer an overview of the International Criminal
Court’s activities in African states, particularly in Sudan, Uganda, the Democratic Republic of
Congo, the Central African Republic, and Kenya. The second section of the paper will detail the
Malabo Protocol and the proposed African Criminal Court, an international criminal law section
of the African Court of Justice and Human Rights. The third section will take a closer look at the
principle of complementarity and its role in a potential relationship between the ICC and ACC.
Finally, the conclusion will comment on the possibility of a relationship of complementarity
between a regional African criminal court and the ICC.

Paper Outline

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Article 1

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Article 2

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Article 3

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Article 4

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