Wisconsin International Law Journal, Vol. 35, No. 2, 2018, Symposium Issue and Prosecuting Dirty Dumping in Africa, in The African Court of Justice And Human and Peoples' Rights in Context, 553 (Charles C. Jalloh and Kamari Clarke eds., 2019).
The Malabo Protocol criminalizes trafficking in hazardous waste and envisions a regional forum for such prosecutions, which presents an opportunity for African states to alter the status quo in environmental protection. This article examines how the troubling history of toxic colonialism in Africa helped to inform the attempt to criminalize the trafficking of hazardous waste and create a forum under the Malabo Protocol for combatting dirty dumping. The Malabo Protocol’s provision for a regional forum for the prosecutions of traffickers of hazardous waste presents another venue for African states whose domestic judiciaries and related institutions may have limited resources. If implemented properly, the Protocol could facilitate closing the global impunity gap for dirty dumping in Africa.