While much of human rights’ academic analysis and literature tends to cover the mechanisms in Europe and the Americas, Cartes Rodríguez’s monograph encompasses the often overlooked—yet remarkably structured—African system. Its focus on the African Court on Human and Peoples’ Rights provides a structured critique, highlighting both the Court’s main shortcomings and its innovations, and offering suggestions for further improvements.
The author balances a rich introduction to this regional human rights system with detailed legal analysis. As the author observes, the general unfamiliarity with this regional area of law among academics warrants the inclusion of a comprehensive historical and technical background. The book is divided into four chapters; the first provides an introductory outline of the history and mechanisms of the African regional human rights system and the role of the Court within it. Chapter II focuses on the most notable procedural aspects and their structural articulation. Chapter III delves into the range of specific human rights examined by the Court, and analyses its relevant jurisprudence. The final chapter aims to understand how the Court manages its reparatory responses and supervises the enforcement of judgments.
After providing background in the first chapter, the author goes on to present the shortcomings in the Court’s system by analysing key aspects in greater detail. In concise language, he describes the main controversies that have arisen, including those appearing as early as the drafting process, such as the access of individuals and NGOs to the Court (55). There is also discussion of more subtle issues with the Court’s process, such as the lack of clarity on the critical date in relation to jurisdiction ratione temporis (39) or the restrictions on the use of restitution as a reparatory measure which do not exist in other comparable bodies (186). It is noted however that many of these issues have been remedied via cross-fertilisation; in the case of the problematic interpretation of the right to freedom of expression, the Court’s analysis is informed by other courts’ jurisprudence and constituent treaties (123).
The author also provides guidance throughout the work on potential solutions to issues that remain unresolved. For example, he suggests promoting the symbiotic relationship between the Court and the African Commission on Human and Peoples’ Rights following the critique of their required complementarity (94). In this way, the author highlights opportunities for improvement that warrant further study and development, such as the suggestions made in relation to the supervision of compliance with the Court’s decisions (217). Flagging the areas in need of further study rather than developing them within the book is a detriment, though this is perhaps a result of its reduction from a much longer doctoral thesis.
Cartes-Rodríguez does however pair his critique of the Court’s current mechanisms with support for future developments which would address key issues. He promotes the advancement of the regional system as a whole, and highlights the Court’s ‘extremely important innovations’ (30), such as the inaugural expression of peoples’ rights (29), both in the system and in international law more broadly. These innovations are repeatedly emphasised in the monograph to argue for the potential of the Court to continue to influence the region and beyond. The author concludes that the judicial body has already had a significant impact in its short existence, including but not limited to its pro homine interpretational foundation and its contributions as ‘heir to the development of International Human Rights Law’ (240). In this way, the monograph effectively meets the author’s introductory aim of the promotion of this area of law as a whole, as well as providing a comprehensive legal analysis of the Court (23).
As a result, this work is both an important overview of the Court, and a reasoned critique of its role in the judicial process on human rights matters in its jurisdiction. The monograph is therefore equally useful both to researchers looking for a detailed assessment of this system’s standing and to students of International Law looking for a comprehensive introduction to the Court.