Assignment question:
In 2014, the African Union (AU) heads of states and governments adopted the Malabo
Protocol which sought to strengthen African’s international criminal justice system and aid in
the fight against impunity. There is ongoing debate regarding the manner in which the AU
approached the punishment of atrocity crimes on the continent. Some scholars have argued
that Article 46Abis only serves to promote impunity, and flies in the face of established norms
in international law. The AU has for the most part resorted to the Arrest Warrant case and
general international customary law to justify its stand point. In a thoroughly researched
essay, critically discuss whether the AU’s argument holds water in international law; and
whether this immunity clause can be legally justified. [25]