The Quest For A Homegrown Criminal Justice System For Africa: A Case Study Of The Proposed African Court Of Justice And Human Rights

Abstract

Judicial reform is an integral component of transitional justice because it helps achieve respect for human rights and due process. This research project seeks to explore a coherent, analytical and critical look at the need for an international criminal justice system that is devoid of the politics that tends to frustrate the operations of the current international criminal justice system. The objective of the study is to create and raise awareness on the existence of the Malabo Protocol which potentially adds a third section to the proposed African Court of Justice and Human Rights by demonstrating how the ICC has failed to deter perpetrators of crimes against humanity in Africa. In doing so, the researcher shall employ both primary and secondary means of data collection to advance the Neo-realism theory of International relations which shall form the basis of this research. The target population for this study shall comprise of policy makers, civil servants and practitioners, lawyers, judges, prosecutors, detention officers and civil society actors owing to their ability to furnish the author with the practical and innovative solutions in this thematic area. The researcher used her own judgment to select the population members who would make good prospects for accurate information. The findings of the study include among others, the fact that very few Kenyans know of the existence of the proposed ACJHR and so this study concludes that a lot of sensitization needs to be done alongside proper research on the need for homegrown solutions to African problems. The study finally recommends interagency collaboration in the unified pursuit for an African court that is both geographically and ideologically accessible to the people.