Abstract

Keywords

African Union; African Court; Malabo Protocol; Article 28 L; transnational crimes; trafficking in hazardous waste.

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1 Introduction

In June 2014 the African Union (AU) Assembly adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol). 1

 Linda Mushoriwa. LLB (University of Zimbabwe) LLM (UNISA) PhD (UKZN). Researcher, African Centre for Transnational Criminal Justice, University of the Western Cape, South Africa. Email: lmushoriwa@uwc.ac.za.. ORCiD: https://orcid.org/0000-0003-0726-8969. This paper was developed whilst I was a Post-doctoral Research Fellow at the South African Research Chair in International Law (SARCIL) at the University of Johannesburg. I am indebted to Professor Hennie Strydom, who was my supervisor, for his support.

1 Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (2014) (hereinafter Malabo Protocol).

The Court shall have three (3) Sections: a General Affairs Section, a Human and People's Rights section and an International Criminal Law Section. 2

2 Article 16(1) of the Malabo Protocol.

Article 28A1(4)-(13) provides for jurisdiction over ten transnational crimes which do not fit within the ambit of the definition of international crimes, but which are of particular relevance to the African continent, including the crime of trafficking in hazardous wastes. 3

3 Article 28A (4)-(13) of the Malabo Protocol provides for jurisdiction over the transnational crimes of unconstitutional change of government; piracy; terrorism; mercenarism; corruption; money laundering; trafficking in persons; trafficking in drugs; trafficking in hazardous wastes (Art 28A1(12)); and the illicit exploitation of natural resources.

This article gives an overview of the jurisdiction of the African Court over the transnational crime of trafficking in hazardous wastes as provided for in Article 28 L of the Malabo Protocol. As Sirleaf has rightly observed, there is a paucity of literature on the criminalisation of trafficking in hazardous wastes before the African Court, 4

4 Sirleaf "Prosecuting Dirty Dumping" 553.

The article also seeks to make a fresh contribution to the existing knowledge on the inclusion of jurisdiction over the crime of trafficking in hazardous waste in the Malabo Protocol from a Third World Approaches to International Law (TWAIL) perspective. Some of the fundamental aspects

of TWAIL are drawn from critical legal theory, whose main focus is to show that the concepts of international law are neither natural nor neutral, but that they have been shaped by a history which highlights the reason why they are in their present state. 7

7 See Derrida Dissemination (Translator's Introduction xv), which explains that "The critique reads backwards from what seems natural, obvious, self-evident or universal in order to show that these things have their history, their reason for being the way they are, their effects on what follows from them, and that the starting point is not a (natural) given but a (cultural) construct, usually blind to itself."; Mushoriwa Relationship between International Criminal Law and State Sovereignty 56-57.

Part 2 of the article gives an overview of the African Court's jurisdiction over the crime of trafficking in hazardous waste as provided for in Article 28 L of the Malabo Protocol. Part 3 highlights the past experiences of African states with trafficking in hazardous waste and examines the economic factors which motivate African governments to accept the dumping of hazardous wastes in their territories. Part 4 highlights the inadequacies of the international regulatory framework on the transboundary movement of hazardous wastes, which has largely motivated the inclusion of Article 28 L in the Malabo Protocol. Part 5 assesses the Basel Ban Amendment, which entered into force in December 2019, and its impact on the African Court's jurisdiction over the crime of trafficking in hazardous wastes. Part 6 briefly highlights the challenges and opportunities presented by the Malabo Protocol; and part 7 makes concluding remarks. The terms "trafficking in hazardous wastes" and "toxic dumping" are used interchangeably.

2 Trafficking in hazardous wastes: a new international crime

The Malabo Protocol in Article 28 L provides for jurisdiction over the crime of trafficking in hazardous wastes. Article 28 L is innovative in that when it comes into operation the African Court will be the first regional court to exercise jurisdiction over the crime of trafficking in hazardous wastes. Notwithstanding the existence of an international legal framework regulating the trans-boundary movement of hazardous wastes, there is no other

regional or international court or tribunal which has criminalised the trafficking of hazardous wastes. 9

9 For a detailed overview of the international legal framework regulating the transboundary movement of hazardous wastes see Sirleaf "Prosecuting Dirty Dumping" 564-574.

Article 28 L(1) of the Malabo Protocol provides as follows:

For the purpose of this Statute, any import or failure to re-import, transboundary movement, or export of hazardous wastes proscribed by the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement of Hazardous Wastes within Africa adopted in Bamako, Mali in January 1991, shall constitute the offence of trafficking in hazardous wastes. 10

10 Article 28 L (1) of the Malabo Protocol.

Article 28 L is similar in wording to Article 2 of the Bamako Convention, which provides for the definition of hazardous wastes. 11

11 See Art 2 of the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement of Hazardous Wastes within Africa (1991) (hereinafter the Bamako Convention).

The reference to the Bamako Convention for the definition and scope of the crime of trafficking in hazardous wastes poses interpretative challenges for Article 28 L, given the broad scope of the Bamako Convention. 19

19 Heger "Trafficking in Hazardous Wastes" 132; Sirleaf "Prosecuting Dirty Dumping" 574-575.

to Heger the fact that Article 28 L(2)(b) refers to the domestic legislation of the importing, exporting or transiting state for the definition of hazardous waste may result in the implementation of international law varying from country to country at the regional level in Africa. 20

20 Heger "Trafficking in Hazardous Wastes" 132.

if it results in deliberate disposal of hazardous wastes in contravention of this convention and of general principles of international law. 22

22 Article 9(1)(e) of the Bamako Convention.

As argued by Sirleaf, this provision could result in a very broad interpretation of Article 28 L of the Malabo Protocol as there is lack of clarity as to what exactly the general principles encompass. 23

23 Sirleaf "Prosecuting Dirty Dumping" 575.

In the absence of clarity with respect to what exactly is being criminalised under Article 28 L the threshold of criminalisation would be very low, and this could potentially lead to a waste of the Court's resources and time whilst prosecuting minor violations of the Malabo Protocol, on the basis of the wording of the Bamako Convention. 25

25 Sirleaf "Prosecuting Dirty Dumping" 576.

approach to modes of criminal responsibility. Although all the crimes in the Malabo Protocol are of serious concern to the African continent, it is important to ensure that when the African Court becomes operational, resources are not wasted in trying to pursue petty crimes, and the Court should rather focus on the most serious violations of the Protocol, including serious violations of Article 28 L.

Notwithstanding these shortcomings, however, Sirleaf has convincingly asserted that Article 28 L

pushes the boundaries of international environmental and criminal law in a much-needed direction. In essence, the failure of both domestic and international institutions to effectively deal with trafficking in hazardous waste, has created a space for African states to innovate and attempt to change the status quo by utilizing a regional institution to criminalise and prosecute trafficking in hazardous waste. 29

29 Sirleaf "Prosecuting Dirty Dumping" 578.

3 Africa's vulnerability to toxic dumping

The criminalisation of trafficking in hazardous waste in the Malabo Protocol ought to be understood against the background of the continued economic and power disparities between countries from the global north and countries from the global south, which render African states vulnerable to toxic dumping and its aftereffects. This section highlights that African states have for a long time had to deal with the problems associated with hazardous waste which is dumped within their territories primarily by Multi-National Corporations (MNCs) from the industrialised global north. 30

30 Clapp 1994 TWQ 505-506 (explaining that the transboundary movement of hazardous waste began in the 1970s, but the movement of hazardous waste to Africa increased in the 1980s as a result of the rise in disposal costs in the developed world); Heger "Trafficking in Hazardous Waste" 127.

African states' past experiences with toxic dumping and its aftereffects significantly motivated the inclusion of Article 28 L in the Malabo Protocol. The dumping of hazardous waste in African states has had devastating effects not only on the environment, but also on the lives and livelihoods of the people. Toxic dumping leads to several problems including health problems such as stunted growth, birth defects and in some cases death. It also leads to environmental damage through the contamination of soil and water sources. 31

31 Sirleaf "Prosecuting Dirty Dumping" 557.

global south in general more vulnerable to the negative effects of toxic dumping than countries from the global north. 33

33 For a detailed overview of dumping incidents in Africa, see Sirleaf "Prosecuting Dirty Dumping" 558-564.

The history of toxic dumping in Africa, notably the Koko dumping incident in Nigeria, the Trafigura dumping incident in Cote d'Ivoire and the Somalia tsunami discussed below largely motivated the adoption of the Bamako Convention, which in turn influenced the criminalisation of trafficking in hazardous waste through the inclusion of Article 28 L in the Malabo Protocol. 34

34 Agbor 2016 AJLS 243.

3.1 Africa's past experiences with trafficking in hazardous waste

3.1.1 The Koko dumping incident

In 1987 two Italian MNCs, Ecomar and Jelywax, persuaded a businessman in Koko, Nigeria, to store hazardous waste in his backyard in exchange for 100 USD per month. 37

37 Adeola Hazardous Wastes 133.

The public started avoiding Koko town. Commercial vehicles would not stop at the road junction or intersection leading into the town, and private car

owners would hold their breath and wind up their windows as they approach the town. Traders stayed away from the community and visitors to Koko were avoided like plague. The only bank in the town closed its offices, and non-indigenes fled the town. 42

42 Ihonvbere 1994 Journal of Environmental Systems 211, cited by Adeola Hazardous Wastes 134.

3.1.2 The Somalia tsunami

In 1992 Italian and Swiss MNCs entered into a twenty-year contract for the disposal of hazardous wastes worth $80 million, with the purported Minister of Health of Somalia. 43

43 Sirleaf "Prosecuting Dirty Dumping" 560.

3.1.3 The Trafigura dumping incident.

In 2006 the Probo Koala, a ship owned by Trafigura Beheer DV, a Dutch company, dumped hazardous wastes at the port of Abidjan, Cote d'Ivoire. 47

47 Sirleaf "Prosecuting Dirty Dumping" 561.

People's livelihoods were affected as a result of the safety measures adopted by the government. Farming, fishing and small-scale commercial activities near the dumping sites were banned, and fruit and vegetable crops were destroyed. 53

53 Greenpeace International 2012 https://www.greenpeace.org/international/publication/7245/the-toxic-truth/ 52.

3.2 Factors motivating the dumping of hazardous waste by MNCs in Africa

There are a number of factors which motivate MNCs and other actors to dump their waste in developing countries, especially in Africa. These include the strict environmental control measures and the high costs associated with dumping of hazardous wastes in global north countries. 55

55 Lassana Pollution in Africa 19; Agbor 2016 AJLS 243.

Developing countries may assess costs and risks differently than wealthy countries would because of their need to provide food, shelter, water and services to their citizens. Environmental risks may not seem as immediate as housing and disease prevention … 62

62 Kitt 1995 Geo Int'l Envtl L Rev 491.

The economic disparities that exist between countries from the global north and countries from the global south therefore contribute significantly to the prevalence of toxic waste dumping in Africa. Although African states bear the brunt of the aftereffects of the dumping of hazardous wastes, it is the countries from the global north who enjoy the economic benefits of the processes which lead to the production of the hazardous wastes. 63

63 Pratt 2010-2011 Wm & Mary Envtl L & Pol'y Rev 587; Sirleaf, "Prosecuting Dirty Dumping" 554.

Even though historical colonialism focused on the political and legal domination over an alien society, some of the characteristics of colonialism involving economic dependence, exploitation and cultural inequality are intimately associated with the new realm of toxic waste colonialism. 65

65 Pratt 2010-2011 Wm & Mary Envtl L & Pol'y Rev 587.

Heger has explained that during the colonial period the colonisers systematically extracted Africa's natural resources; and although formal colonialism has ended, the former colonisers are now using the territories of their former colonies as a dumping ground for the toxic waste they produce. 66

66 Heger "Trafficking in Hazardous Wastes" 127. For a similar view, see Lassana Pollution in Africa 19.

Africa has rejected all forms of external domination … we do not want external domination to come in through the back door in the form of garbage colonialism. 67

67 Lassana Pollution in Africa 18.

These sentiments resonate with the views expressed by adherents to TWAIL, including Anghie 68

68 Anghie Imperialism, Sovereignty and the Making of International Law 196-197, 208.

while international law guarantees sovereign equality and self-determination, it carries forward the legacy of imperialism and colonial conquest. 70

70 Gathii 2011 TL&D Journal 30-31. For a similar view see generally Anghie and Chimni 2003 Chinese JIL 77; Bianchi International Law Theories.

The factors which motivate toxic dumping in Africa as opposed to dumping these toxic wastes in the industrialised countries where they are generated are indicative of the economic and power disparities that continue to exist between the global north and global south. These disparities are arguably a

result of the enduring impact of the colonial confrontation of the 19th century on present day international relations. Although African states have gained political independence they have not gained economic independence as is evidenced by their continued economic dependence on their former colonisers. According to Anghie

The end of formal colonialism, while extremely significant, did not mean the end of colonial relations. Rather, in the view of Third World societies, colonialism was replaced by neo-colonialism; Third World states continued to play a subordinate role in the international system because they were economically dependent on the West, and the rules of international economic law continued to ensure that this would be the case. 71

71 Anghie 2006 TWQ 748-749.

The Malabo Protocol criminalised transnational crimes covered in different OAU/AU treaties, including trafficking in hazardous waste, which had already been addressed by the 1989 Basel Convention, the 1990 Lome IV Convention and the 1991 Bamako Convention. 72

72 For a detailed overview of the Bamako Convention, see generally Wylie 1992 Columbia J Envtl L 431.

4 Inadequacies of the international regulatory system on the transboundary movement of hazardous wastes

Dumping incidents in Africa, particularly the Koko incident, motivated the Organisation of African Unity (OAU) to adopt a resolution calling on member states to implement a ban on the import of hazardous waste; 73

73 Organisation of African Unity Council of Ministers Resolution on Dumping of Nuclear and Industrial Waste in Africa (1988) (hereinafter the OAU Council of Ministers Resolution 1988).

The main shortcoming of the Basel Convention was its failure to provide for a total ban on the trafficking of hazardous wastes. 76

76 Sirleaf "Prosecuting Dirty Dumping" 564.

with the 1988 Resolution. 78

78 Agbor 2016 AJLS 247.

Following the adoption of the Basel Convention, African states, Caribbean states (ACP) and the European Economic Community signed the Lome IV Convention in 1990; the interpretation of which was based on the principles in the 1988 Resolution, including the perception of trafficking in hazardous waste as a crime against Africa and its people. 82

82 Lome IV Convention Annex VIII "Joint Declaration on Article 39 on Movements of Hazardous Wastes or Radioactive Wastes"; Sirleaf "Prosecuting Dirty Dumping" 567.

The OAU's discontent with the Basel Convention culminated in the adoption of the Bamako Convention in January 1991. 86

86 For a detailed overview of the Bamako Convention, see generally Wylie 1992 Columbia J Envtl L 431.

and limits the transboundary movement of hazardous wastes between African states. The Convention obliges member states to take measures at the domestic level to enforce the import ban on hazardous wastes. 88

88 Bamako Convention Art 4; Sirleaf "Prosecuting Dirty Dumping" 568.

The inclusion of jurisdiction over trafficking in hazardous wastes in the Malabo Protocol therefore also ought to be understood in the context of the inadequacies of the international legal framework governing the transboundary movement of hazardous wastes. The inadequacies of the international legal framework regulating the transboundary movement of hazardous wastes contributed significantly to the inclusion of Article 28 L in the Malabo Protocol. This inadequacy ought to be understood partly against the background of the distinction to be drawn between international crimes and transnational crimes. International crimes are those in respect of which criminal responsibility derives directly from international law. These include genocide, crimes against humanity, war crimes and aggression. 91

91 Jessberger "Piracy" 75.

Prior to the Koko dumping incident in 1988, there was no international legal framework in place to regulate the trans-boundary movement of hazardous wastes. Previous attempts to regulate the movement of hazardous wastes

had not been effective. These included the adoption of the Resource Conservation and Recovery Act in 1976 by the United States; the issuing of Directives in 1975 and 1978 by the European Commission Council; 96

96 European Commission Council Directive 75/442 [1975] OJ (L194) 39 (EC); European Commission Council Directive 78/319 [1978] OJ (L84) 43 (EC); Pratt 2010-2011 Wm & Mary Envtl L & Pol'y Rev 595.

5 The Basel Ban Amendment: towards a ban on trafficking in hazardous wastes

At the second Conference of Parties (COP) in March 1994, states parties to the Basel Convention adopted Decision II/12 (the Basel Ban Resolution), which resolved to amend the Convention to provide for a total ban on exports between developed and developing countries. 99

99 Ahmed 2020 Washington International Law Journal 418; Andrews 2009 LEAD Journal 171; Decision II/12 in Report of the Second Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal UN Doc UNEP/CHW.2/30 (1994).

1 Notwithstanding the provisions of Article 4 paragraph 5, Parties may enter into bilateral, multilateral, or regional agreements or arrangements regarding transboundary movement of hazardous wastes or other wastes with Parties or non-Parties provided that such agreements or arrangements do not derogate from the environmentally sound management of hazardous wastes and other wastes as required

by this Convention. These agreements or arrangements shall stipulate provisions which are not less environmentally sound than those provided for by this Convention in particular taking into account the interests of developing countries.

2 Parties shall notify the Secretariat of any bilateral, multilateral or regional agreements or arrangements referred to in paragraph 1 and those which they have entered into prior to the entry into force of this Convention for them, for the purpose of controlling transboundary movements of hazardous wastes and other wastes which take place entirely among the Parties to such agreements. The provisions of this Convention shall not affect transboundary movements which take place pursuant to such agreements provided that such agreements are compatible with the environmentally sound management of hazardous wastes and other wastes as required by this Convention.

Decision II/12 was not incorporated into the text of the Basel Convention and consequently the issue as to whether it was legally binding on the states parties to the Convention was contentious. 101

101 Ahmed 2020 Washington International Law Journal 418; Andrews 2009 LEAD Journal 171.

The Basel Ban Amendment required 62 ratifications to become operational, and by October 1998 it had been ratified by 95 states. Notwithstanding this, it did not enter into force as states parties did not agree on the interpretation of the provisions of the Ban Amendment. 109

109 Sirleaf "Prosecuting Dirty Dumping" 572.

The entry into force of the Ban Amendment has the following legal implications, as outlined by the Basel Action Network and IPEN.

It was partly the delays in the coming into effect of the Ban Amendment, coupled with the inadequacies of the initial Basel Convention and the Bamako Convention which motivated the AU to include the crime of trafficking in hazardous wastes in the jurisdiction of the African Court.

As observed by Pratt, notwithstanding that the Bamako Convention received unequivocal political support from OAU member states, the individual states were unable to implement its provisions effectively at the domestic level. 114

114 Pratt 2010-2011 Wm & Mary Envtl L & Pol'y Rev 603.

Parties to the Bamako Convention that have implemented domestic legislation have not done so in an effective manner as the penalties are generally low. For example, Kenya's Environmental Management Coordination Act provides for imprisonment for not more than 18 months or a fine of not more than 150 shillings, or both. 115

115 Environmental Management Coordination Act Cap 387 s 144.

6 The regional prosecution of international crimes in Africa: challenges and opportunities

A number of concerns have been raised with respect to the provisions of the Malabo Protocol and the AU's readiness to implement the Protocol, should it get the requisite ratifications from 15 AU member states. Woolaver, commenting on the African Court, said:

there are significant caveats that must be addressed before the African Court can be seen as a viable alternative to the ICC, including: the severe lack of resources at the Court; the unclear scope of the proposed international

criminal jurisdiction, encompassing the classic international crimes, as well as transnational crimes, and new categories of crimes such as the crime of 'unconstitutional change of government'…and, perhaps most troublingly, the grant of immunity to sitting African leaders, potentially protecting a much wider range of officials than the 'troika' currently recognised as benefiting from immunity ratione personae in customary international law … 117

117 Woolaver 2016 https://www.ejiltalk.org/international-and-domestic-implications-of-south-africas-withdrawal-from-the-icc.

The Malabo Protocol contains a provision granting immunity to heads of state and senior state officials from the jurisdiction of the proposed African Court of Justice and Human Rights. 118

118 Article 46Abis of the Malabo Protocol.

Another major challenge is the lack of political will displayed by AU member states in ratifying the Malabo Protocol so that the African Court becomes operational. In terms of Article 11(1) of the Malabo Protocol, the establishment of the African Court is subject to the ratification of the Malabo Protocol by 15 AU member states. Fifteen member states have to date signed the Protocol, but none have ratified it yet. 122

122 Malabo Protocol Status list in AU 2014 https://au.int/en/treaties/protocol-amendments-protocol-african-court-justice-and-human-rights.

years thereafter. 126

126 Mahdi 2019 https://issafrica.org/iss-today/africas-international-crimes-court-is-still-a-pipe-dream.

It is a foregone conclusion that a regional international criminal court will be up and running in Africa in the not too distant future, when the necessary ratifications of the Protocol…are obtained. 127

127 Tiba 2016 Cardozo Journal of Conflict Resolution 547.

Notwithstanding the concerns raised with regard to the Malabo Protocol, it presents an opportunity for African states to effectively address the problems which affect the African continent at the regional level. The ten transnational crimes included in the Malabo Protocol are not provided for in the Rome Statute, the International Criminal Tribunal for the Former Yugoslavia Statute or the International Criminal Tribunal for Rwanda Statute, nor are they adequately dealt with through the existing international legal framework. The inclusion of the transnational crimes within the purview of the African Court therefore provides an opportunity for African states to put in place an effective regional mechanism to deal with issues which inherently affect the African continent, but in which the international community has no prosecutorial interest. 128

128 Abass "Historical and Political Background to the Malabo Protocol" 15.

Africa has been watching itself helplessly as numerous governments were unconstitutionally overthrown, its human and material resources looted, became a dumping ground for hazardous wastes and its waters infested by pirates. 129

129 Tiba 2016 Cardozo Journal of Conflict Resolution 544.

Article 46C of the Malabo Protocol, which provides for corporate criminal liability, is a strikingly innovative provision, as the African Court will be the first Court to provide for corporate criminal liability. 130

130 Jalloh, Clarke and Nmehielle "Introduction" 26.

complicit in the crime has the financial means to do so. 133

133 Tiba 2016 Cardozo Journal of Conflict Resolution 521.

7 Concluding remarks

This article has assessed the inclusion of the crime of trafficking in hazardous wastes in the jurisdiction of the African Court through Article 28 L. It has explained that economic factors have motivated African countries to allow for the dumping of hazardous wastes in their territories. The article has also highlighted that the lack of an effective international legal framework on trafficking in hazardous wastes motivated the AU to confer the African Court with jurisdiction over toxic dumping.

The coming into effect of the Basel Ban Amendment is a step in the right direction and highlights the fact that despite the differences in opinion among states, the international community is finally cognisant of the need to criminalise trafficking in hazardous waste. It is possible, however, that the Basel Ban Amendment could prove to be ineffective as it requires individual states to criminalise trafficking in hazardous wastes. In addition, the Basel Ban Amendment is operational only in the 97 states parties that have ratified the Amendment. This means that African states are still vulnerable to the effects of toxic dumping from those countries that have not ratified the ban amendment and that have no obligation to comply with the provisions of the ban amendment. When the African Court becomes operational, therefore, Article 28 L will help to fill the gap in the effectiveness of the domestic implementation of both the Bamako Convention and the Basel Ban Amendment.

The African court's jurisdiction over the transnational crime of trafficking in hazardous wastes will ensure that African states that are the most vulnerable to the effects of toxic dumping as discussed above are protected from this practice of toxic colonialism. Article 28 L therefore ought to be considered as emancipatory, in view of the factors which motivated its inclusion in the Malabo Protocol. As argued in this article, Article 28 L ought also to be understood against the background of the TWAIL theory on the continued power and economic disparities between countries from the global south and those from the global north. This is aptly summed up by Okafor's assertion that

Another key TWAIL technique and sensibility is to take the equality of third- world peoples much more seriously; to insist that all thought and action

concerning international law should proceed on the assumption that third-world peoples deserve no less dignity, no less security, and no less rights or benefits from international action than do citizens of Northern states. And so, claims that international law should allow the 'consensual' transfer of toxic waste from the Northern states to the Third World are rejected when viewed from this kind of equality optic. 135

135 Okafor 2005 Osgoode Hall LJ 179.

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Decision BC-10/3 in Report of the Tenth Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal UN Doc UNEP/CHW.10/28 (2011)

European Commission Council Directive 75/442 [1975] OJ (L194) 39 (EC)

European Commission Council Directive 78/319 [1978] OJ (L84) 43 (EC)

Fourth African, Caribbean and Pacific States-European Economic Community Convention of Lome (1990)

International Criminal Tribunal for the Former Yugoslavia Statute (1993)

International Criminal Tribunal for Rwanda Statute (1994)

Organisation of African Unity Council of Ministers Resolution on Dumping of Nuclear and Industrial Waste in Africa (1988)

Organisation of African Unity Council of Ministers Resolution on Control of Transboundary Movements of Hazardous Wastes and their Disposal in Africa (1989)

Partnership Agreement between Members of the African, Caribbean and Pacific Group and the European Community and its Member States (2000)

Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (2014)

Rome Statute of the International Criminal Court (1998)

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List of Abbreviations