Il regime delle deroghe ammesse nella Carta africana dei diritti dell’uomo e dei popoli in una recente sentenza della Corte di giustizia dell’ECOWAS: il caso Gbagbo

The paper focuses on the major issues dealt within the Gbagbo case, recently decided by the ECOWAS' Court of Justice. In particular, the Court did not rule out the possibility of derogations under the African Charter on Human and Peoples' Rights, despite the absence of an explicit derogation clause in the latter treaty, provided that the conditions generally laid down in the derogation clauses contained in other human rights instruments are fulfilled. According to the Court, however, the requirements set down by the domestic law of the State invoking the derogation must also be respected and no derogation whatsoever may authorise grave and systematic breaches of fundamental human rights.