The role of the African Court of Justice and Human and People's Rights in punishing the crime of coup D′État

Authors

  • عبد المنعم جماطي جامعة باتنة 1

DOI:

https://doi.org/10.59791/arhs.v6i1.867

Keywords:

African Charter on Democracy Elections and Governance, The African Court of Justice and Human and peoples’ Rights, the Crime of Coup D′État, Malabo protocol

Abstract

The issue of state responsibility for the coup is different from that related to international criminal responsibility of the one who carried out the coup because the coups are not yet considered an international crime from the viewpoint of international criminal law because the Rome regime did not criminalize the act of coups, But it is limited to the crimes that are alleged to have been committed during the coup, although the crime of the coup is not different in terms of its cruelty from the rest of the international crimes criminalized in the Rome statute except in that it includes them all, so that the coup is that gateway through which all other types of crimes enter, And this what is expressed by the ACDEG in the preamble that the coups constitute one of the main causes of the insecurity and instability and the occurrence of crises, violent, confrontation and disputes, in the end And that is through the ACDEG, which prohibited the use of non_peaceful methods for reaching power and protocol of the articles of association of the African Court of Justice and Human Rights that the coup crime will fall within the jurisdiction of the African Court.

 

Published

2021-01-01

How to Cite

جماطي ع. ا. (2021). The role of the African Court of Justice and Human and People’s Rights in punishing the crime of coup D′État. Algerien, 6(1), 792–810. https://doi.org/10.59791/arhs.v6i1.867

Issue

Section

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