The Missing Rise of Inter-State Litigation Within the African Human Rights System
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
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.
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