Africa And The Responsibility To Protect

Author: Dan Kuwali
Publisher: Routledge
ISBN: 131791774X
Size: 32.51 MB
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Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) explicitly. This book brings together experts in the field to explore the potential application of Article 4(h), and the complexities that may explain its non-invocation so far. Although Article 4(h) is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention – the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4(h), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations. Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent

The Oxford Handbook Of The Responsibility To Protect

Author: Tim Dunne
Publisher: Oxford University Press
ISBN: 0198753845
Size: 32.24 MB
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The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

The Responsibility To Protect

Author: Dan Kuwali
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191712
Size: 62.46 MB
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"Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.

Mass Atrocity Crimes

Author: Robert I. Rotberg
Publisher: Brookings Institution Press
ISBN: 9780815704867
Size: 42.39 MB
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What can be done to combat genocide, ethnic cleansing, and other crimes against humanity? Why aren't current measures more effective? Is there hope for the future? These and other pressing questions surrounding human security are addressed head-on in this provocative and all-too-timely book. Millions of people, particularly in Africa, face daily the prospect of death at the hands of state or state-linked forces. Although officially both the United Nations and the African Union have adopted "Responsibility to Protect" (R2P) principles, atrocities continue. The tenets of R2P, recently cited in a UN Outcomes Document, make it clear that states have a primary responsibility to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states cannot—or will not—protect their citizens, however, the international community must step into the breach. Why have efforts to stop horrific state-sanctioned crimes seen only limited success, despite widespread support of R2P? As this enlightening volume explains and illustrates, converting a norm into effective preventive measures remains difficult. The contributors examine the legal framework to inhibit war crimes, use of the emerging R2P norm, the role of the International Criminal Court, and new technologically sophisticated methods to gather early warnings of likely atrocity outbreaks. Together they show how mass atrocities may be anticipated, how they may be prevented, and when necessary, how they may be prosecuted. Contributors include Claire Applegarth (Harvard Kennedy School), Andrew Block (Harvard Kennedy School), Frank Chalk (Montreal Institute for Genocide and Human Rights Studies, Concordia University), David M. Crane (Syracuse University College of Law), Richard J. Goldstone (Constitutional Court of South Africa; UN International Criminal Tribunals for the former Yugoslavia and Rwanda), Don Hubert (University of Ottawa; Global Center for the Responsibility to Protect, City University of New York), Sarah Kreps (Cornell University), Dan Kuwali (Malawi Defence Force), Jennifer Leaning (Harvard Francois Xavier Bagnoud Center for Health and Human Rights), Edward C. Luck (Columbia University; International Peace Institute), Sarah Sewall (Harvard Kennedy School)

Peacebuilding In The African Union

Author: Abou Jeng
Publisher: Cambridge University Press
ISBN: 1107015219
Size: 80.93 MB
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Extensive analysis of the norms and legal institutions of the African Union and their relevance to Africa's quest for peace.

Africa In Global International Relations

Author: Paul-Henri Bischoff
Publisher: Routledge
ISBN: 1317437527
Size: 23.70 MB
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Recent scholarship in International Relations (IR) has started to study the meaning and implications of a non-Western world. With this comes the need for a new paradigm of IR theory that is more global, open, inclusive, and able to capture the voices and experiences of both Western and non-Western worlds. This book investigates why Africa has been marginalised in IR discipline and theory and how this issue can be addressed in the context of the emerging Global IR paradigm. To have relevance for Africa, a new IR theory needs to be more inclusive, intellectually negotiated and holistically steeped in the African context. In this innovative volume, each author takes a critical look at existing IR paradigms and offers a unique perspective based on the African experience. Following on from Amitav Acharya and Barry Buzan’s work, Non-Western International Relations Theory, it develops and advances non-Western IR theory and the idea of Global IR. This volume will be of key interest to scholars and students of African politics, international relations, IR theory and comparative politics.

The African Union Legal And Institutional Framework

Author: Abdulqawi A. Yusuf
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227725
Size: 21.35 MB
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This work is an introduction into the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) ten years ago.

Humanitarian Intervention And The Au Ecowas Intervention Treaties Under International Law

Author: John-Mark Iyi
Publisher: Springer
ISBN: 3319236245
Size: 62.80 MB
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The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.