Highlights
Write a legal opinion of approximately 2500 words in which you critically evaluate the following question:
In 2014, the African Union (AU) heads of states and governments adopted the Malabo Protocol which sought to strengthen Africa’s international criminal justice system and aid in the fight against impunity. There is ongoing debate regarding the manner in which the AU approached the punishment of atrocity crimes on the continent. Some scholars have argued that Article 46Abis only serves to promote impunity, and flies in the face of established norms in international law. The AU has for the most part resorted to the Arrest Warrant case and general international customary law to justify its standpoint. In a thoroughly researched essay, critically discuss whether the AU’s argument holds water in international law; and whether this immunity clause can be legally justified.
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