{"id":3281,"date":"2025-12-17T15:38:30","date_gmt":"2025-12-17T14:38:30","guid":{"rendered":"https:\/\/www.uni.lu\/lcel-en\/?post_type=events&p=3281"},"modified":"2026-01-09T13:44:27","modified_gmt":"2026-01-09T12:44:27","slug":"procedural-cross-fertilisation-and-judicial-autonomy-in-the-african-court-on-human-and-peoples-rights-reflections-on-the-drc-v-rwanda-judgment-2","status":"publish","type":"events","link":"https:\/\/www.uni.lu\/lcel-en\/events\/procedural-cross-fertilisation-and-judicial-autonomy-in-the-african-court-on-human-and-peoples-rights-reflections-on-the-drc-v-rwanda-judgment-2\/","title":{"rendered":"Procedural Cross-Fertilisation and Judicial Autonomy in the African Court on Human and Peoples\u00b4 Rights: Reflections on the DRC v. Rwanda Judgment"},"content":{"rendered":"\n
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The judgment delivered on June 26, 2025, by the African Court on Human and Peoples\u2019 Rights in Democratic Republic of Congo (DRC) v. Republic of Rwanda \u2013 the Court\u2019s first inter- State case \u2013 marks a significant milestone in the consolidation of its role in contentious matters. In addressing Rwanda\u2019s preliminary objections, the Court confronted essential questions of jurisdiction and admissibility while asserting its procedural autonomy within the broader context of international law.
Prof. Amani Cirimwami\u00b4s presentation will explore the dynamics of procedural cross-fertilisation in the reasoning of the African Court. He argues that DRC v. Rwanda judgement illustrates how the Court navigates a delicate balance between openness to external jurisprudence and the
affirmation of its own institutional identity.<\/p>\n\n\n\n


First, Prof. Amani Cirimwami will examine how both parties \u2013 the DRC and Rwanda \u2013 actively contributed to a transjudicial dialogue by referencing precedents from the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), the ECOWAS Court, and the East African Court of Justice. This strategic use of comparative jurisprudence reveals the existence of a \u201cglobal judicial marketplace\u201d from which states draw to legitimise their arguments.<\/p>\n\n\n\n


Second, Prof. Amani Cirimwami will analyse how the Court itself engages with this jurisprudential ecosystem. While reaffirming, in paragraph 73, its exclusive reliance on its Protocol and Rules of Procedure, the Court\u2019s reasoning shows subtle borrowings\u2014sometimes aligned, sometimes divergent\u2014from the jurisprudence of other human rights courts. <\/p>\n\n\n\n

Finally, this presentation will reflect on the tension between cross-fertilisation and autonomy. Rather than undermining African originality, the Court\u2019s selective engagement with external sources demonstrates a creative hybridisation that enhances its legitimacy and institutional maturity.<\/p>\n\n\n\n