The african human rights court: A two-legged stool?

This article critically evaluates the proposed African Human Rights Court and assesses its potential impact on the African human rights system. It probes the powers of the Court and asks whether a clear and mutually reinforcing division of labor between it and the African Commission could be developed to more effectively promote and protect human rights on the continent. For example, should the mandate of the African Commission be limited primarily to promotional activities, and the African Human Rights Court exclusively given the protective function? What relationship should the Court have to the African Commission? In sum, this article explores the effect that the African Human Rights Court is likely to have in three principal areas. First, it examines the role of the African Human Rights Court in the development of the law of the African Charter and other relevant human rights instruments. Second, it addresses ways in which the Court can fill the lacunae left by the African Commission and alleviate some of its weaknesses. Finally, it discusses ways in which the Court can penetrate the legal and political cultures of African states to inspire, encourage, and ensure the internalization of human rights.