Eom & Helfer: Human Rights Litigation Before Sub-Regional Courts in East and West Africa

Jo Un Eom & Laurence R. Helfer (Duke Univ. - Law) have posted Human Rights Litigation Before Sub-Regional Courts in East and West Africa (in The Oxford Handbook of Comparative Human Rights Law, Neha Jain & Mila Versteeg eds., forthcoming). Here's the abstract:

This chapter reviews the human rights jurisprudence of the East African Court of Justice (EACJ) and the Economic Community of West African States (ECOWAS) Court of Justice (ECCJ). The chapter divides the case law of the two courts into three categories: (1) “strategic litigation” filed by NGOs, bar associations, or other interest groups that seek to have a systemic impact on improving human rights in the respondent country; (2) “individual justice” suits filed by individual victims seeking redress for violations of their rights with little consideration of the broader context; and (3) “high-politics” cases in which members of the executive, legislative, and judicial branches of government, as well as opposition politicians or parties, challenge to national elections or other important political decisions. In general, the EACJ and ECCJ have been sympathetic venues for human rights litigation by civil society organizations, individuals, and high-profile political actors. However, the courts have also experienced significant opposition from some member states. This resistance has taken the form of noncompliance and trenchant public criticisms from executive officials and national courts.