The Role of African Court on Human and Peoples’ Right for Human Rights Protection

The Case of Libyan Crises


  • Getahun Kumie Antigegn Department of Political Science and International Studies, Bahir Dar University



The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libyan government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, unless African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes no more significant.


Human rights, African court, the protocol, Libyan crises, human rights violations


Download data is not yet available.


<p>Clapham, Christopher. (1996). <em>Africa and the International System: the politics of state survival</em>, Cambridge University Press.</p>
<p>Cole, Rowland. (2010). "The African Court on Human and Peoples' Rights: will political Stereotypes form an obstacle to the enforcement of its decisions?", <em>the Comparative And International Law Journal of Southern Africa</em>, <em>Vol. 43, No. 1 , pp. 23-45</em>.</p>
<p>Dolidze, Anna. (2011)."African Court on Human and Peoples’ Rights - Response to the Situation in Libya", <em>American society of international law, Volume 15, Issue.20</em>.</p>
<p>Enonchong, Nelson. (2002)."The African Charter on Human and Peoples' Rights: Effective Remedies in Domestic Law?”&nbsp; <em>Journal of</em><em> African Law</em>,<em> Vol.&nbsp; </em><em>46, No. 2, pp.&nbsp; 197-215. </em></p>
<p>Juma, Dan. (2007). "Access to the African Court on Human and Peoples’ Rights: A Case of the Poacher turned Gamekeeper", <em>Essex Human Rights Review</em>, <em>Vol. 4 No. 2</em>.</p>
<p>Juma, Dan. (2012). "Provisional Measures under the African Human Rights System: the African Court’s order against Libya", <em>Vol. 30, No. 2, pp.345_373.</em></p>
<p>Lacher, Wolfram. (2012). "The Libyan Revolution and the Rise of Local Power Centers", <em>Mediterranean Politics </em>| Maghreb, German Institute for International and Security Affairs (SWP), <em>Berlin</em>.</p>
<p>Mutua, Makau. (1999). "The African Human Rights Court: A Two-Legged Stool?” <em>Human Rights Quarterly, </em>the Johns Hopkins University Press<em>, Vol</em><em>.&nbsp; 21, No. 2, pp. 342-363.</em></p>
<p>Scats, Sonya. (2009). "Africa’s New Human Rights Court: Whistling in the Wind?" Briefing Paper, Chatham house.</p>
<p>Udombana, Nsongurua. (2000)."Toward the African Court on Human and Peoples’ Rights: Better Late than Never”,<em> Yale Human Rights and </em><em>Development L.J. Vol.3:45. &nbsp;pp.55-111</em>.</p>
<p>Wachira, George. (2008). “African Court on Human and Peoples’ Rights: Ten years on and still no justice (pp.10-11). London: Minority Rights Group International.</p>







How to Cite

Antigegn, G. K. (2020). The Role of African Court on Human and Peoples’ Right for Human Rights Protection: The Case of Libyan Crises. Advanced Journal of Social Science, 7(1), 38-43.