In this research I will be conducting an investigation into the importance of realising the obligation to prosecute crimes of torture through the African Charter System. I will show that, although certain elements of the obligation to prosecute crimes of torture are currently found within Africa, the obligation to prosecute is not as clearly grounded as it should be. In doing so I will aim to show the significance of further developing the obligation to prosecute crimes of torture regionally as a human right and its importance for ensuring the prosecution of such crimes throughout the region.