African Court of Justice
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African Court of Justice
Intended as the judicial organ of the African Union (AU Constitutive Act, arts. 5(1)(d) and 18), the Court of Justice was established by the Protocol of the Court of Justice of the African Union, adopted on 11 July 2003. The Protocol will come into effect after ratification by 15 member States of the Union. However in advance of the coming into force of the Protocol, the Assembly of the African Union decided to merge the African Court of Justice with the African Court on Human and People's Rights. A Protocol on the African Court of Justice and Human Rights was adopted by the Assembly on 1July 2008. Accordingly, it seems unlikely that the African Court of Justice will ever be fully established.
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African Court of Justice
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The African Court of Justice was originally intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union, Article 2.2) with authority to rule on disputes over interpretation of AU treaties.
A protocol to set up the Court of Justice[1] was adopted in 2003, and entered into force in 2009. It was, however, superseded by a protocol creating the African Court of Justice and Human Rights, which will incorporate the already established African Court on Human and Peoples' Rights and have two chambers — one for general legal matters and one for rulings on the human rights treaties.
The merger protocol[2] was adopted in 2008. The united court will be based in Arusha, Tanzania.
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