ABSTRACT

This chapter presents a detailed examination of the list of new international crimes, it is worth briefly noting two: The crime of Unconstitutional Change of Government and the crime of Corporate Criminal Liability. As provided for in Article 16 of the Annex to the Malabo Protocol, the Court will comprise three Sections – a General Affairs Section, a Human and Peoples’ Rights Section, and an International Criminal Law Section. Most African nations have in their national Constitutions and/or domestic law provisions granting immunity to senior state officials from prosecution for both civil and criminal wrongdoing. The criminalization of unconstitutional change of government is a recognition of historic African realities and needs and as such reflects a desire to be pro-active in protecting the rights of African citizens and combatting the impunity of certain actors. Article 46C of the Malabo Protocol grants the Court jurisdiction over the crime of Corporate Criminal Liability.