The African Court's Jurisdiction over the "International" Eco-Crime of Trafficking in Hazardous Wastes: Challenges and Opportunities

Abstract

This article gives an overview of the jurisdiction of the proposed African Court of Justice and Human Rights (African Court) over the transnational crime of trafficking in hazardous wastes as provided for in Article 28 L of the Malabo Protocol. It asserts that Article 28 L ought to be considered as emancipatory in view of the factors which motivated its inclusion in the Protocol; and that it is a significant innovation not only for the African Union but for the field of international criminal justice as a whole. The article concludes that the criminalisation of trafficking in hazardous waste through the Malabo Protocol is necessary as Article 28 L will help to fill the gap created by the ineffectiveness of the domestic implementation of the Bamako Convention, and the potential ineffectiveness of the Basel Ban Amendment, which entered into force in December 2019.