Author: Tom Maina Kabau
Publisher:
ISBN: 9781361318850
Category :
Languages : en
Pages : 0

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Book Description
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

Author: Tom Maina Kabau
Publisher:
ISBN:
Category : Humanitarian intervention
Languages : en
Pages : 0

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Author: B. Everill
Publisher: Springer
ISBN: 1137270020
Category : History
Languages : en
Pages : 351

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Book Description
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.

Author: John Akokpari
Publisher: Jacana Media
ISBN:
Category : Political Science
Languages : en
Pages : 332

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Book Description
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.

Author: Cristina Badescu
Publisher: Routledge
ISBN: 113685021X
Category : History
Languages : en
Pages : 225

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Book Description
This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the ‘Responsibility to Protect’ (R2P). Cases of genocide and mass violence have raised endless debates about the theory and practice of humanitarian intervention to save innocent lives. Since the humanitarian tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of human rights from occurring. Their central concern rests with whether the UN’s current regulations on the use of force meet the challenges of the post-Cold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of human rights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious human rights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community’s willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward. This book will be of interest to students of the responsibility to protect, war and conflict studies, human security, international organisations, security studies and IR in general.

Author: Kiwinda Mbondenyi
Publisher: African Books Collective
ISBN: 9966530029
Category : Political Science
Languages : en
Pages : 532

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Book Description
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.

Author: Kwame Agyenim-Boateng
Publisher:
ISBN:
Category : Non-governmental organizations
Languages : en
Pages : 22

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Author: Mehari Fisseha
Publisher: Anchor Academic Publishing
ISBN: 3954894718
Category : Business & Economics
Languages : en
Pages : 57

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Book Description
Killing of the innocent, forced displacement of civilian population, large-scale sexual violence, torture, and destroying of civilian property have been going on since the dawn of civilization. Efforts to protect people against grave crimes of such atrocities more effectively, both in peace and war, gradually evolved over the centuries, and then rapidly accelerated after the Second World War. But, for the most part, those horrors were met with indifference, cynicism, or deep disagreement about how to respond to them. As the twenty-first century began, there was still no universally accepted and effective response mechanism in place to protect civilian population. And this is especially true in the case of Darfur.

Author: Philliat Matsheza
Publisher: Human Rights Trust of Southern Africa (SAHRIT)
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
This guide explains the main human rights mechanisms of the United Nations and the Organisation of African Unity. The guide introduces the reader and user to a functional understanding of the often complicated procedures associated with human rights implementation and enforcement mechanisms available at the international level.

Author: Fernando R. Tesón
Publisher: Dobbs Ferry, N.Y. : Transnational Publishers
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
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.