A Leap forward and a step backward
Waggema, Frashia Grace Nyambura
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The prosecution of international criminal law has been introduced into the jurisdiction of the African Court of Justice and Human Rights in a move unprecedented by the international community. On the one hand, this can optimistically be viewed as an attempt by the leadership of the African continent to put an end to impunity and to mete out justice by punishing the perpetrators of the worst crimes known to human kind .However, viewing it through the lens of the African Union's rejection of the International Criminal Court, its open disregard for warranties issued from the Hague and the criticism for the indictment of sitting Heads of State and Government within Africa it may be deduced that rather than indigenizing justice, the AU seeks to pervert the course of justice. To add fuel to this fire, the Assembly of the AU has adopted the contentious Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. This Amendments Protocol establishes absolute immunity for Heads of State and Government as well as senior government officials during their tenure from prosecution for international crimes. This study, through extensive literature review, evaluates this position and its potential implications on the criminal justice environment of the continent as well as in relation to international consensus.