Statute of the African Court of Justice and Human Rights



Article 31: Applicable Law


  • Paragraph 1
    In carrying out its functions, the Court shall have regard to:
    • Point a
      The Constitutive Act;

    • Point b
      International treaties, whether general or particular, ratified by the contesting States;

    • Point c
      International custom, as evidence of a general practice accepted as law;

    • Point d
      The general principles of law recognized universally or by African States;

    • Point e
      Subject to the provisions of paragraph 1, of Article 46 of the present Statute, judicial decisions and writings of the most highly qualified publicists of various nations s well as the regulations, directives and decisions of the Union, as subsidiary means for the determination of the rules of law;

    • Point f
      Any other law relevant to the determination of the case.
  • Paragraph 2
    This Article shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.