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Brooklyn Journal of International Law
Social and cultural rights; binding instrument; hortatory instrument; treaty; domestic legal system; International Bill of Human Rights; female genital mutilation (FGM); UN Charter; UN High Commissioner for Human Rights; women; children; religious minorities; ethnic minorities; justiciable rights; domestic courts; monist theory; dualist theory; civil law; Roman law; international custom; international customary law; Roman-Dutch civilian law; mixed legal system; common law; foreign law; Bill of Rights; International Court of Justice (ICJ); African Commission on Human and Peoples’ Rights (ACHPR); child marriage; bicameral legislature; independent judiciary; free press; civil society; due process; constitutionalism; governing architecture; interpretative principle; interpretive principle; internationalization; constitutional law; peaceful coexistence; International Criminal Court (ICC); Rome Statute; note verbale; separation-of-powers regime; fidelity to the rule of law; political pluralism; human rights jurisprudence; discrimination against women; State Party; States Parties; substantive justice; stare decisis; obiter dicta; customary law; statutory interpretation; judge-made law; schematic method of interpretation; teleological method of interpretation; Grundnorm; death penalty; murder; cruel
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African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …