Forceful Intervention for Human Rights Protection in Africa

Forceful Intervention for Human Rights Protection in Africa
Author: Tom Maina Kabau
Publisher:
Total Pages: 0
Release: 2017-01-26
Genre:
ISBN: 9781361318850

This dissertation, "Forceful Intervention for Human Rights Protection in Africa: Resolving Systemic Dilemmas in the Implementation of the African Union''s Right of Intervention" by Tom Maina, Kabau, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This thesis examines the legal and political dilemmas in the implementation of the African Union''s (AU) ''right'' of forceful intervention through a systemic method of analysis. It first addresses the question of whether the AU''s intervention system represents a paradigm shift in international law on intervention and the authorization role of the United Nations. It examines whether there is a justifiable basis for the implementation of the AU''s intervention mandate outside the UN system, while taking into account the necessity of the international rule of law. It then analyzes the manner in which the failure to institutionalize the concept of sovereignty as responsibility within the AU system has contributed to the Union''s failure to implement its intervention mandate even within the UN system. The AU''s legal framework expressly grants the Union the mandate to forcefully intervene in a member state in situations of genocide, crimes against humanity and war crimes. However, the failure of the AU''s legal framework to explicitly require authorization by the Security Council for intervention (as required by the UN Charter) has led to uncertainty on the envisaged implementation mechanism, including allegations of its inconsistency with the UN Charter and international law. The Security Council may, however, be ineffective in granting authorization due to the use of the veto. There is, therefore, the question of whether the AU''s legal framework exemplifies the crystallization of a customary law permitting humanitarian intervention, or is consensual (since African states have agreed by treaty to such intervention) and consequently, Security Council authorization is not mandatory. The core argument of this thesis is that although the necessity for the international rule of law restricts African Union''s forceful interventions to United Nations authorized enforcement action, robust intervention by the Union within that framework is compromised by a systemic failure of institutionalization of the concept of sovereignty as responsibility. This thesis recommends that for robust implementation of the African Union''s intervention mandate within the UN system, alternative authorization from the General Assembly be sought where the Security Council is ineffective. However, implementation of the AU''s intervention mandate within the UN framework is compromised by continued concerns of protecting traditional concepts of unfettered sovereignty. This is evident in non-intervention oriented clauses within the AU''s legal framework (which negate the intervention mandate) and the Union''s practice of opposing forceful interventions like in the case of Libya. Possible solutions to that predicament are examined. A systemic method of analysis is utilized in this thesis since there is an interaction of various legal norms within the AU system, in addition to the system''s interaction with environmental factors such as politics and increasing global interdependence, while it is also subject to the UN and international law systems. The significance of the research is in identifying legal, policy and contextual factors that can transform the AU into an effective regional mechanism for institutionalization of the rule of law within the African region (by deterring gross human rights violations) while safeguarding the values of the

Africa's Human Rights Architecture

Africa's Human Rights Architecture
Author: John Akokpari
Publisher: Jacana Media
Total Pages: 332
Release: 2008
Genre: Political Science
ISBN:

Presenting a critical examination of the evolution of Africa’s human rights in the post-Cold War era, this collection methodically explores the challenges of achieving human rights on this continent. The chapters provide a uniquely pan-African perspective on the achievements, failings, accomplishments, and deficiencies of the various human rights activists and institutions seeking to improve the lives of Africa’s 800 million inhabitants. The contributors to this multidisciplinary volume are all active in the arena of African human rights and come from fields of expertise as wide-ranging as law, politics, gender studies, international relations, economics, and history.

The History and Practice of Humanitarian Intervention and Aid in Africa

The History and Practice of Humanitarian Intervention and Aid in Africa
Author: B. Everill
Publisher: Springer
Total Pages: 351
Release: 2013-06-24
Genre: History
ISBN: 1137270020

The history of humanitarian intervention has often overlooked Africa. This book brings together perspectives from history, cultural studies, international relations, policy, and non-governmental organizations to analyze the themes, continuities and discontinuities in Western humanitarian engagement with Africa.

International Human Rights and their Enforcement in Africa

International Human Rights and their Enforcement in Africa
Author: Kiwinda Mbondenyi
Publisher: African Books Collective
Total Pages: 532
Release: 2011-12-29
Genre: Political Science
ISBN: 9966530029

Whilst the establishment of the African human rights system was a good gesture that signalled the recognition of the value and essence of international human rights in the continent, a continuous study of the system has become necessary. This is particularly in light of the fact that the continent is in desperate need of well established and effective regional human rights enforcement mechanisms. At the moment, the regional human rights system is stuck between prospects and pitfalls because of the gap that exists between the promise of human rights and their actual realisation. By all means, this trend needs to be reversed. The main objective and purpose of this book is to underscore the challenges besetting the effective enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system.

Humanitarian Intervention

Humanitarian Intervention
Author: Fernando R. Tesón
Publisher: Dobbs Ferry, N.Y. : Transnational Publishers
Total Pages: 296
Release: 1988
Genre: Law
ISBN:

This work addresses the question of whether the use of military force by the United States in order to stop serious violations of human rights is legally and morally justifiable. The book argues for humanitarian intervention and the right to wage war in defense of human rights.

Intervention to Protect Civilians in Darfur

Intervention to Protect Civilians in Darfur
Author: Kithure Kindiki
Publisher:
Total Pages: 96
Release: 2007
Genre: History
ISBN:

This study argues that the human rights violations in Darfur meet the legal threshold of genocide, war crimes and crimes against humanity and, therefore, justifies forcible humanitarian intervention by any grouping of states whether in or outside the context of the UN or the AU.

Humanitarian Military Intervention

Humanitarian Military Intervention
Author: Taylor B. Seybolt
Publisher: Oxford University Press, USA
Total Pages: 314
Release: 2007
Genre: Altruism
ISBN: 0199252432

Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.