African Court on Human and Peoples' Rights

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Rethinking Human Rights Treaty Withdrawals: A Process-Based Approach

October 30, 2025

Human rights treaties embed rights in national legal systems, empowering individuals to claim their rights domestically and internationally. Yet it is exceptionally easy for states to withdraw from most of these treaties, as well as from multilateral agreements that establish standards of accountability in closely analogous areas, such as international criminal law.  This includes treaties that codify jus cogens norms—such as the prohibitions of genocide, torture, forced labor, crimes against humanity, and racial discrimination. Once a rare occurrence, withdrawals and threats to withdraw from these treaties are on the rise globally. Venezuela denounced the American Convention on Human Rights in 2013, claiming that the Inter-American Court of Human Rights had exceeded its authority. The Philippines withdrew from the Rome Statute in 2018 after the ICC prosecutor began investigating crimes against humanity in that country. Nicaragua left the Organization of American States (OAS) in 2021 following criticism of its national elections. Türkiye denounced the Council of Europe’s Istanbul Convention in the same year, claiming that the treaty was a trojan horse…

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Renewed State Backlash Against the African Court: Tunisia is the Fifth State to Withdraw Individual and NGO Access

May 23, 2025

The African Union’s continental human rights court, the African Court on Human and Peoples’ Rights (AfCHPR), received a setback this past March when Tunisia withdrew its declaration, under Article 34(6) of the Court’s founding Protocol, allowing individuals and NGOs to directly access the Court. Tunisia accounts for 24 (7%) of the 371 applications to the…

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Africa’s Turn: The African Court’s Advisory Opinion on Climate Change

May 22, 2025

On 2 May 2025, the African Court of Human and Peoples’ Rights (AfCHPR, the Court) received a request for an advisory opinion concerning the obligations of states in the context of climate change. This development was anticipated: as early as 2023, there were indications such a request was in preparation (at 54:30) and, that same year, the…

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Litigating The Maputo Protocol in relation to Conflict-related Sexual Violence Before the African Commission on Human and Peoples’ Rights – Two Steps ahead and One Step Back

May 7, 2025

In a landmark decision adopted in 2024 and disclosed in April 2025 in Communication No. 700/18 dealing with the Minova case v. Democratic Republic of Congo (only available in French), the African Commission on Human and Peoples’ Rights (“the Commission”) concluded to the responsibility of the DRC in the grave and massive violations of rights of more…

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Extending human rights accountability for corporate actors in the LIDHO v Cote d’Ivoire case of the African Court

February 21, 2024

In September 2023 the African Court on Human and Peoples’ Rights (ACtHPR or African Court) handed down its first judgement for harm caused, including to the environment, due to the dumping of toxic waste. This commentary focuses on how this judgement expands the African jurisprudence on the question of corporate accountability for infringement of human rights.

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