Navigating sovereignty concerns and geopolitical tensions in the ratification of the Malabo Protocol

This article analyzes the factors influencing the ratification process of the Malabo Protocol, which seeks to establish the African Court of Justice and Human Rights (ACJHR) as a regional court with jurisdiction over various legal issues. As previous research has largely focused on legal and institutional challenges while neglecting the political dynamics shaping its adoption, it argues that sovereignty concerns and geopolitical tensions are key issues affecting the ratification of the Malabo Protocol. Using content analysis, the study examines how sovereignty-related issues, such as the potential ceding of authority to a supranational body and the protocol's immunity clause for sitting heads of state, have led to resistance from some African states. Additionally, it explores how geopolitical rivalries and power dynamics between larger and smaller African states, along with the north–south and Francophone-Anglophone divides within the African Union, influence political support for the protocol. The findings enhance understanding of the challenges and prospects for establishing a regional criminal court in Africa under the Malabo Protocol. The paper suggests that addressing political concerns regarding sovereignty and geopolitical tensions is crucial for the successful ratification of the protocol, and calls for further research on strategies to navigate these complex political landscapes.