Abstract In the judgment of Bernard Anbataayela Mornah v. Republic of Benin and others on 22 September 2022, the African Court on Human and Peoples’ Rights made a significant step forward regarding the justiciability of the right to self-determination. Traditionally viewed as part of international relations and thus non-justiciable, the right to self-determination was, in this case, brought into the legal domain by the Court, which affirmed its justiciable dimension. The Court paved the way for the justiciability of a right that has historically been treated as a political principle rather than a legal norm. Until now, claims of self-determination were largely perceived as matters of state sovereignty and inter-state relations, beyond the direct reach of international and regional courts. This decision represents a paradigm shift as it contributes to the consolidation of the right to self-determination as an imperative and justiciable right. Furthermore, the Court recognized the possibility of an actio popularis, meaning the ability of an individual to file a complaint in defense of the right to self-determination, even if not personally affected by the violation of this right. This approach allows for the defense of the right to self-determination beyond individual interests. The decision is based on the imperative nature of the right to self-determination, which the Court identifies as a jus cogens norm.
Patient Mpunga-Biayi (Wed,) studied this question.