Bridging International Criminal Justice and Human Rights Protection in Tanzania: A Critical Examination of the Legal and Institutional Framework

This study examines the role of international criminal justice mechanisms in the protection of human rights in Tanzania, with particular emphasis on the adequacy of the existing legal and institutional framework. It is motivated by the persistent gap between international human rights standards and domestic implementation, especially in relation to accountability for serious international crimes such as genocide, crimes against humanity, war crimes, and torture. The study employs a doctrinal legal research methodology, relying on primary sources including international treaties, regional instruments, the Constitution of the United Republic of Tanzania, relevant statutes, and case law, as well as secondary sources such as books, journal articles, and institutional reports. It critically analyses international, regional, and domestic legal frameworks governing human rights protection and international criminal justice, alongside institutional mechanisms responsible for enforcement. The findings indicate that although Tanzania is a party to key international and regional human rights instruments, including the ICCPR, CAT, and the African Charter on Human and Peoples’ Rights, it has not fully incorporated international criminal law into its domestic legal system. The absence of comprehensive legislation on international crimes and the incomplete ratification and domestication of the Rome Statute limit the effectiveness of accountability mechanisms. In addition, institutional weaknesses, limited inter-agency coordination, political interference, and resource constraints further undermine human rights enforcement. Comparative analysis with Kenya, South Africa, and Uganda shows that stronger domestic incorporation of international criminal law and effective cooperation with the International Criminal Court enhance accountability and human rights protection. These jurisdictions offer useful lessons for strengthening Tanzania’s legal and institutional framework. The study concludes that although Tanzania has a solid constitutional foundation for human rights protection, significant gaps remain in the implementation of international criminal justice standards. It recommends legislative reforms, institutional strengthening, policy development, enhanced judicial capacity, and increased human rights awareness to improve accountability and strengthen human rights protection.

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Publication Details

Journal
East African Journal of Law and Ethics
Published
2026-10-30
DOI
https://doi.org/10.37284/eajle.9.4.6136
Primary Topic
International Law and Human Rights
Type
article
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article

Bridging International Criminal Justice and Human Rights Protection in Tanzania: A Critical Examination of the Legal and Institutional Framework

Enock Bosco
2 links
East African Journal of Law and Ethics
International Law and Human Rights
article

Bridging International Criminal Justice and Human Rights Protection in Tanzania: A Critical Examination of the Legal and Institutional Framework

Enock Bosco
article en

Abstract

This study examines the role of international criminal justice mechanisms in the protection of human rights in Tanzania, with particular emphasis on the adequacy of the existing legal and institutional framework. It is motivated by the persistent gap between international human rights standards and domestic implementation, especially in relation to accountability for serious international crimes such as genocide, crimes against humanity, war crimes, and torture. The study employs a doctrinal legal research methodology, relying on primary sources including international treaties, regional instruments, the Constitution of the United Republic of Tanzania, relevant statutes, and case law, as well as secondary sources such as books, journal articles, and institutional reports. It critically analyses international, regional, and domestic legal frameworks governing human rights protection and international criminal justice, alongside institutional mechanisms responsible for enforcement. The findings indicate that although Tanzania is a party to key international and regional human rights instruments, including the ICCPR, CAT, and the African Charter on Human and Peoples’ Rights, it has not fully incorporated international criminal law into its domestic legal system. The absence of comprehensive legislation on international crimes and the incomplete ratification and domestication of the Rome Statute limit the effectiveness of accountability mechanisms. In addition, institutional weaknesses, limited inter-agency coordination, political interference, and resource constraints further undermine human rights enforcement. Comparative analysis with Kenya, South Africa, and Uganda shows that stronger domestic incorporation of international criminal law and effective cooperation with the International Criminal Court enhance accountability and human rights protection. These jurisdictions offer useful lessons for strengthening Tanzania’s legal and institutional framework. The study concludes that although Tanzania has a solid constitutional foundation for human rights protection, significant gaps remain in the implementation of international criminal justice standards. It recommends legislative reforms, institutional strengthening, policy development, enhanced judicial capacity, and increased human rights awareness to improve accountability and strengthen human rights protection.

East African Journal of Law and EthicsVol. 9(4)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
International Law and Human Rights
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