The “Impunity Clause” by Another Name: Article 46A bis of the Malabo Protocol and the Crisis of Accountability in Africa

Bonita Ayuko  

Few provisions in African international law have attracted as much critical attention, or as blunt a nickname, as Article 46A bis of the Malabo Protocol. This post takes that nickname seriously. It asks whether the label “impunity clause” is legally earned, politically inevitable, or simply unavoidable given the way African states have approached the ICC. Drawing on the contrast with Article 27 of the Rome Statute and the 2019 Al-Bashir Appeals Chamber judgment, it argues that Africa’s recent trajectory, from Malabo’s immunity clause to the Sahel’s exit from the ICC, is less about rejecting accountability than about a deeply contested struggle over who gets to define it.

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Synthetic Abuse, Real Harm: Closing the International Law Gap on AI-Generated Child Sexual Abuse Material

By Mariefaye (Efthimia) Bechrakis, Esq.

Introduction

Generative AI is often praised for its many transformative benefits across various fields, including that of law and human rights. The dual -use nature of the technology, however, has produced urgent harms, most notably the rapid rise of AI-generated synthetic child sexual abuse material (CSAM). Reports of AI generated images sexualizing children skyrocketed from roughly 4,700 in 2023 to 440,000 in the first half of 2025, while confirmed illegal AI-generated videos jumped from just two to over 1,200 in the same period. According to UNICEF, at least 1.2 million children across 11 countries disclosed having their images manipulated into sexually explicit deepfakes in the past year.

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Beyond Military Responsibility: Corporate and Digital Complicity in the Rohingya Crisis

Deekshita Mathe

Introduction: The Multi-Layered Architecture of Atrocity

The persecution of the Rohingya in Myanmar has been widely recognised by the international community as one of the most severe human rights crises of the twenty-first century. Investigations conducted by the United Nations Independent International Fact-Finding Mission on Myanmar (FFM) documented mass killings, forced displacement, widespread sexual violence, and the systematic destruction of Rohingya villages, concluding that there were reasonable grounds to believe that acts amounting to genocide had been committed [1].

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From Power Transition to Humanitarian Catastrophe: The SAF–RSF Conflict and Its Human Rights Implications

Hussin Alameedi

Introduction

In April 2023, Sudan’s Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF) engaged in a war.[1] The war has devasted communities, displaced millions, and exacerbated an already dire humanitarian crisis.[2] Coupled with severe droughts and deadly floods, the effects of conflict and environmental instability are pushing communities to the brink.[3] In some parts of the country famine has already been declared, putting millions of lives at immediate risk.[4] This post explores the root of the armed conflict, the relationship between the ongoing armed conflict in Sudan and human rights violations, and the international community’s response.

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The Suitability of Restorative and Retributive Mechanisms to Achieving Transitional Justice for Victims of Conflict-Related Sexual Violence in South Sudan

Temitope Adeyemi-Taiye

Introduction

Years of conflict in South Sudan have resulted in widespread acts of conflict-related sexual violence (CRSV) in the nation, especially against women and young girls. The devastating effects of this issue are usually physical harm, psychological issues, and in many cases death of the victims. Despite the peace agreement signed by the political leaders and efforts taken to stop the conflict and the crimes, CRSV is still one of the most prevalent issues in the country. The South Sudanese government and opposition leaders signed the Agreement on the Resolution of Conflict in South Sudan (ARCSS) in an attempt to stop the fighting. However, conflict resumed in 2016, rendering the agreement temporary. The Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS), signed in 2018, included three important components related to transitional justice and peace. The first element is the establishment of a Truth, Reconciliation, and Healing Commission, which is critical for promoting peace. The second component is the creation of an independent hybrid court to hold accountable those who violated national and international laws. The third element is the Compensation and Reparation Authority, which will provide financial and material assistance to those who suffered losses in the conflict.[1] Although this agreement is viewed as a significant move towards peace in the country, it has yet to fully execute its mandates due to the prevalence of conflict-related sexual violence.

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