Abstract

As regional human rights courts have become increasingly crucial in promoting and protecting human rights, a troubling trend has emerged: states withdrawing from these courts under the name of state sovereignty. Such a phenomenon threatens to undermine the very fabric of regional human rights protection, leaving vulnerable individuals without a remedial mechanism to address violations of their fundamental rights. This paper undertakes a critical examination of the complex context surrounding Tanzania’s withdrawal from the African Court on Human and Peoples’ Rights, addressing its legality and potential legal repercussions. This paper does so by comparing the European and Inter-American human rights systems. This article aims to shed light on the darker side of state sovereignty and its impact on the protection of human rights. Through this in-depth analysis, this paper aims to uncover the root causes of state withdrawal from regional human rights courts and provide actionable recommendations for promoting and protecting human rights at the regional level.