Protocol on the Rights of Women
failed to take the necessary and reasonable measures to prevent such acts or
to punish the perpetrators thereof.
The fact that an accused person acted pursuant to the order of a
Government or of a superior shall not relieve him or her of criminal
responsibility, but may be considered in mitigation of punishment if the Court
determines that justice so requires.
Article 46C: Corporate criminal liability
For the purpose of this Statute, the Court shall have jurisdiction over
legal persons, with the exception of States.
Corporate intention to commit an offence may be established by proof
that it was the policy of the corporation to do the act which constituted the
A policy may be attributed to a corporation where it provides the most
reasonable explanation of the conduct of that corporation.
Corporate knowledge of the commission of an offence may be
established by proof that the actual or constructive knowledge of the relevant
information was possessed within the corporation.
Knowledge may be possessed within a corporation even though the
relevant information is divided between corporate personnel.
The criminal responsibility of legal persons shall not exclude the
criminal responsibility of natural persons who are perpetrators or accomplices
in the same crimes.
Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa
Adopted in Maputo, Mozambique on 11 July 2003 and entered into force on 25
November 2005. The Commission has adopted guidelines on state reporting under
the Protocol reprinted below. The Commission adopted general comments on
various aspects of article 14 of the Protocol in 2012 and 2014, see http://
The states parties to this Protocol,
Considering that article 66 of the African Charter on Human and Peoples’
Rights provides for special protocols or agreements, if necessary, to
supplement the provisions of the African Charter, and that the Assembly of
Heads of State and Government of the Organization of African Unity meeting
in its Thirty-first ordinary session in Addis Ababa, Ethiopia, in June 1995,
endorsed by resolution AHG/Res.240 (XXXI) the recommendation of the
African Commission on Human and Peoples’ Rights to elaborate a Protocol on
the Rights of Women in Africa;
Considering that article 2 of the African Charter on Human and Peoples’
Rights enshrines the principle of non-discrimination on the grounds of race,