Head of State Immunity under the Malabo Protocol: Triumph of Impunity over Accountability?

Criminal Law

Head of State Immunity under the Malabo Protocol: Triumph of Impunity over Accountability?

By Kobina Egyir Daniel
Brill Nijhoff September 2021

Specifications

ISBN-13
9789004466074
Publisher
Brill Nijhoff
Publication
September 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In Head of State Immunity under the Malabo Protocol: Triumph of Impunity over Accountability?, Kobina Egyir Daniel engages the subject of Head of State Immunity in international law against the backdrop of the AU's decision to create a Court with international criminal jurisdiction before which "Heads of State" or persons "entitled to act in such capacity" will have immunity during incumbency. Beyond the analysis to determine whether the immunity that the Protocol confers represents a retrogression in international law norms that seek accountability for jus-cogens crimes, Daniel provides valuable insights on the status-inspired dialectics and self-serving hero-villain polemics that fuel contestations of right between the AU and the ICC and the worldviews that respectively seek to overturn/preserve the asymmetry of the international legal order.

Table of Contents

Foreword by Dire Tladi
Abbreviations
Chapter 1. AU Flirtations with Impunity? An Introduction and Overview
Chapter 2. A Retrospective on the Road Travelled towards the African Court of Justice and Human and Peoples’ Rights
Chapter 3. The Origins and Evolution of the Doctrine of Head of State Immunity
Chapter 4. A Jus Cogens Human Rights Exception to Immunity: Fact, Fiction or Wishful Thinking?
Chapter 5. Immunity before International Courts and Article 46A Bis of the Malabo Protocol: Deconstructing the Immunity Clause and Assessing Its Application and Coherence with International Criminal Law
Chapter 6. The AU and International Criminal Justice: Genuine Commitment or Sleight of Hand?
Chapter 7. Conclusions: Triumph of Impunity over Accountability?
Back Matter
Bibliography
Index
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