Giuseppe Pascale

The Missing Rise of Inter-State Litigation Within the African Human Rights System

  • Abstract

Informations and abstract

Keywords: African Commission on Human and Peoples’ Rights; African Court on Human and Peo-ples’ Rights; inter-State litigation; obligations erga omnes partes; national link; African Inter-govern-mental Organisations.

In contrast to the European Human Rights System, a rise of inter-State ligation has not occurred, nor is expected to occur in the near future, within the African Human Rights System. As a matter of fact, only one inter-State complaint has been examined on the merits so far, while another one is pending since 2014. This paper provides an overview of the norms concerning inter-State communications before the African Commission on Human and Peoples’ Rights and inter-State applications before the African Court on Human and Peoples’ Rights. It illustrates the reasons underlying the reluctance of African States to rely on inter-State litigation in cases involving human rights violations. It also suggests a possible way out of such reluctance that rests on the potential role of African inter-gov-ernmental organisations.

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