The African Union

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The African Union’s Statement on the Application of International Law to Cyberspace: An Assessment of the Principles of Territorial Sovereignty, Non-Intervention, and Non-Use of Force

A growing number of States have published statements examining the application of international law to cyberspace (for an overview see the Cyber Law Toolkit). On 29 January 2024, the African Union (AU) Peace and Security Council adopted the ‘Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace’, and on 18 February 2024 the Assembly of the AU endorsed it. For an overview of the Common African Position (CAP) and its process of adoption see the post by Mohamed Helal, the AU’s Special Rapporteur on the CAP.

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The Common African Position on the Application of International Law in Cyberspace: Reflections on a Collaborative Lawmaking Process

On January 29, 2024, the African Union Peace and Security Council (PSC) unanimously adopted Communiqué 1196 (2024) pursuant to which it adopted the Common African Position on the Application of International Law to the Use of Information and Communication Technologies in the Cyberspace. The Common African Position (CAP) and all four Communiqués that the PSC adopted on this…

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The African Union’s Malabo Convention on Cyber Security and Personal Data Protection enters into force nearly after a decade. What does it mean for Data Privacy in Africa or beyond?

Introduction June 8 marks the entry into force of African Union’s Convention on Cyber Security and Personal Data Protection also known as Malabo Convention. This means the Convention came into force nine years after its adoption on June 27, 2014 and became the only binding regional treaty on data protection outside Europe. Following…

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Western Sahara before the African Court of Human and Peoples’ Rights:  Is there a “brother’s keeper” obligation for the Member States of the African Union?

In the current international context where States are ‘(re)discovering’ the virtue of international judicial litigation tools (before the ICJ or before the European Court of Human Rights), the African Court of Human and Peoples’ Rights was presented with a unique request against the backdrop of protecting the right to self-determination of the Sahrawi people. The latter…

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Another One Bites the Dust: Côte d’Ivoire to End Individual and NGO Access to the African Court

On 29 April 2020, the government of Côte d’Ivoire issued a press statement announcing its decision to withdraw the right of individuals and NGOs to submit complaints directly to the African Court on Human and Peoples’ Rights (‘the Court’). This right was granted in 2013, when it deposited a special declaration with the Court in accordance…

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