The African Criminal Court A Commentary on the Malabo Protocol

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit i

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Volume 10

The African Criminal Court A Commentary on the Malabo Protocol

Gerhard Werle Moritz Vormbaum Editors

International Criminal Justice Series Volume 10

Series editors Gerhard Werle, Berlin, Germany Lovell Fernandez, Bellville, South Africa Moritz Vormbaum, Berlin, Germany

Series Information The International Criminal Justice Series aims to create a platform for publications in the whole field of international criminal justice. It, therefore, deals with issues relating, among others, to: –  the work of international criminal courts and tribunals; –  transitional justice approaches in different countries; –  international anti-corruption and anti-money laundering initiatives; –  the history of international criminal law. The series concentrates on themes pertinent to developing countries. It is peerreviewed and seeks to publish high-quality works emanating from excellent scholars, in particular from African countries. Editorial Office Prof. Dr. Gerhard Werle Humboldt-Universität zu Berlin Faculty of Law Unter den Linden 6, 10099 Berlin, Germany [email protected] [email protected]

More information about this series at http://www.springer.com/series/13470

Gerhard Werle · Moritz Vormbaum Editors

The African Criminal Court A Commentary on the Malabo Protocol

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Editors Gerhard Werle Faculty of Law Humboldt-Universität zu Berlin Berlin Germany

Moritz Vormbaum Faculty of Law Humboldt-Universität zu Berlin Berlin Germany

ISSN  2352-6718 ISSN  2352-6726  (electronic) International Criminal Justice Series ISBN 978-94-6265-149-4 ISBN 978-94-6265-150-0  (eBook) DOI 10.1007/978-94-6265-150-0 Library of Congress Control Number: 2016950894 Published by t.m.c. asser press, The Hague, The Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg © t.m.c. asser press and the authors 2017 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Science+Business Media B.V. The registered company address is: Van Godewijckstraat 30, 3311 GX Dordrecht, The Netherlands

Acknowledgements

This book is based on a meeting of experts that convened in July 2015 at Humboldt-Universität zu Berlin to discuss the issues surrounding the African Union’s Protocol aimed at vesting the African Court of J