Res interpretata principle: Giving domestic effect to the judgments of the African court on human and peoples’ rights

Abstract

The African Court on Human and Peoples’ Rights is beginning to hand down decisions of constitutional salience and positioning itself as a quasi-constitutional court for Africa. However, as is the case with all regional human rights courts, its decisions lack erga omnes effect, and are binding only on the parties to the case. This means that the other members of the African Union are not required by law to implement rulings that were made by the African Court in cases in which they did not participate. While decisions of the African Court are res inter alios in relation to third parties, at least formally, it is argued that the Court may use the principle of res interpretata to ensure the collective enforcement of human rights commitments emanating from the African Charter.