Operationalising the African Court of Justice: A Call for African Solutions

KALUMBU LUMPA|May 27, 2025

JUDICIAL SOVEREIGNTY: The African Union (AU) headquarters in Addis Ababa, Ethiopia. The author says that as the African Union (AU) navigates a rapidly changing global landscape, it is time to operationalise the African Court of Justice (ACJ) as a cornerstone of African judicial sovereignty. (Photo: Xinhua).

Africa stands at a pivotal moment. From the devastating impacts of climate change to persistent human rights violations and escalating economic disputes, the continent faces challenges that demand bold, homegrown solutions. The African Court of Justice (ACJ), envisioned as a cornerstone of African judicial sovereignty, remains dormant; a promise unfulfilled. As the African Union (AU) navigates a rapidly changing global landscape, the time to operationalise the ACJ is now.

A Vision for African Justice

Conceived in the AU’s Constitutive Act of 2000, the ACJ was designed to be a continental judicial powerhouse, merging the African Court on Human and Peoples’ Rights (AfCHPR) with a broader mandate to tackle international law, trade disputes, and international crimes. The 2014 Malabo Protocol marked a historic leap, granting the ACJ jurisdiction over grave offences like genocide and war crimes; a direct response to criticisms of external courts like the International Criminal Court (ICC) for perceived bias against African states.

Yet, over a decade later, the ACJ remains non-operational. The Malabo Protocol requires ratification by 15 AU member states, but as of May 2025, only a handful have committed. This delay is more than a bureaucratic setback; it undermines Africa’s ability to address its own challenges with authority and independence.

Why the ACJ Matters Now

The urgency to activate the ACJ has never been greater. Recent developments highlight its potential to transform Africa’s judicial landscape:

Climate Justice: In May 2025, the Pan African Lawyers Union (PALU) petitioned the AfCHPR for an advisory opinion on states’ climate obligations. An operational ACJ could go further, adjudicating binding climate justice cases and holding governments accountable for environmental commitments.
Human Rights Crisis: Tunisia’s withdrawal from the AfCHPR in March 2025 has left a void in North African human rights protections. The ACJ’s human rights chamber could fill this gap, offering recourse where national systems fail or states opt out of regional mechanisms.
Conflict Resolution: Ongoing crises, like Sudan’s conflicts and the escalating conflict in Eastern DRC, expose the limits of external judicial bodies. The ACJ’s criminal chamber could prosecute international crimes on African soil, fostering accountability without foreign intervention.
Economic Integration: The African Continental Free Trade Area (AfCFTA) is driving economic growth, but with it come disputes over trade and investment. The ACJ’s general affairs chamber could resolve these, bolstering confidence in African institutions.

LEGAL IMPERATIVE: Heads of States and Governments gather at the African Union headquarters in Addis Ababa for the AU Summit. The author says operationalising the ACJ is more than a legal imperative, it is a declaration of Africa’s resolve to shape its own destiny. Photo: AU

Overcoming Barriers

The path to operationalising the ACJ is fraught with challenges. Slow ratification reflects fears among some states that the court’s criminal jurisdiction could target political leaders, a concern fueled by historical tensions with the ICC. Funding is another hurdle; the AU’s reliance on external donors and budget constraints threaten the court’s sustainability. Moreover, ensuring the ACJ’s independence from political influence is critical to its credibility.

These obstacles are not insurmountable. The AU must act decisively to unlock the ACJ’s potential.

A Roadmap to Action

To bring the ACJ to life, the AU and its partners must prioritise:

Fast-Tracking Ratification: Launch a high-level diplomatic campaign to secure the remaining ratifications, offering technical support to address states’ concerns about sovereignty.
Innovative Funding: Tap into AfCFTA revenues or regional economic communities to create a sustainable financial model, reducing reliance on external donors.
Capacity Building: Invest in training for judges and staff to ensure the court is equipped to handle complex cases from day one.
Public Engagement: Partner with civil society, youth groups, and the private sector to build grassroots support and awareness of the ACJ’s role.

A Symbol of African Resilience

Operationalising the ACJ is more than a legal imperative, it is a declaration of Africa’s resolve to shape its own destiny. As Professor Hajer Gueldich, AU legal counsel, stated in December 2024, justice must be rooted in dignity and equity. The ACJ embodies these principles, aligning with the AU’s Agenda 2063 vision of a united, prosperous continent.

As the AU prepares for its next summit, the call to action is clear. By activating the ACJ, Africa can assert its judicial sovereignty, resolve its challenges on its own terms, and build a future where justice is not just a promise but a reality. The time to act is now; Africa’s moment has come.