The Legal Framework for Regional Organisations in Africa and the Proactive Role in Addressing Threats to International Peace and Security
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DOI:
https://doi.org/10.59022/ijlp.209Keywords:
UNSC, UN Charter, International Peace, Africa, ThreatAbstract
The United Nations Security Council is the global body mandated by the United Nations Charter to maintain and restore international peace and security. Regional organisations are also mandated by the UN Charter to set up regional arrangements to maintain and restore international peace and security. What is the legal framework from which regional organisations in Africa derive legitimacy for peacekeeping and peace enforcement operations? It is the author’s view that there is little literature on this topic and this paper aims to make a contribution by discussing the legal instruments adopted by regional organisations which inform the context within which they operate. Also, it is observed that over the years, the international community has either abandoned African states in the early years of conflicts or has responded quite late. Bureaucracy and delays in intervention has led and would lead to the escalation of conflicts leading to serious human rights violations perpetuated against civilians. Regional organisations in Africa therefore saw it as a matter of necessity to devise own mechanisms to respond to regional peace and security threats and breaches consistent with the purposes and principles of the United Nations. This paper will demonstrate that regional organizations have assumed a more proactive role in addressing threats to international peace and security in African. Regional organisations have become custodians of international peace and security on the continent as a result of a vacuum, out of necessity and due to their unique placement and expertise in regional matters.
References
Adam Keith, “The African Union in Darfur: An African Solution to a Global Problem” 154
Addo, “Peace-making in West Africa: Progress and Prospects, “ p. 14; Article 18 (1), Article 4 (b), Article (3) of the Protocol Relating to Mutual Assistance in Defence (1981); Article 23 of the African Charter on Human and Peoples’ Rights, 1981
Addo, “Peace-making in West Africa: Progress and Prospects, ” p. 14; Article 18 (1), Article 4 (b), Article (3) of the Protocol Relating to Mutual Assistance in Defence (1981); Article 23 of the African Charter on Human and Peoples’ Rights, 1981
African Union, (2013), a United and Strong Africa: Vote of Thanks on the conclusion of the African Union (AU) Peace and Security Council (PSC) field mission in Sudan, delivered by the Ambassador of the Gambia, Member of the AU-PSC, 17–19 March 2013
Aljazeera, “Timeline: A history of ECOWAS military interventions in three decades” (1 Aug 2023)
Allen, „African-Led Peace Operations: A Crucial Tool for Peace and Security”, pp.5-6
Article 2(1) of the OAU Charter
Article 4 (h) of the Constitutive Act of the African Union
Brandt Chu, “The Forgotten Chapter: The Legality of Peacekeeping, Peace Enforcement, and Military Intervention under Chapter VIII of the UN Charter” pp. 3-5
C. Lynch, UN Approves Peacekeeping Force for Burundi, The Washington Post, 22 May 2004, at A15
Chu, “The Forgotten Chapter: The Legality of Peacekeeping, Peace Enforcement, and Military Intervention under Chapter VIII of the UN Charter,” p.3
Daniel Pickard, “When Does Crime Become A Threat To International Peace And Security?” Florida Journal of International Law, Vol. 12 Number 1, (1998), pp. 4-5
McCougrey & Morris, Regional Peacekeeping in the Post-Cold War Era, p.40
McCougrey & Morris, Regional Peacekeeping in the Post-Cold War Era, p.36
McCougrey & Morris, Regional Peacekeeping in the Post-Cold War Era, p.141
McCougrey & Morris, Regional Peacekeeping in the Post-Cold War Era, p. 142
McCougrey, H. & Morris, J. (2000), Regional Peacekeeping in the Post-Cold War Era, p.33. DOI: https://doi.org/10.1163/9789004482616
Michelle Pitts, “Sub-Regional Solutions for African Conflict: The ECOMOG Experiment” Volume 19, Number 1, spring (1999), p. 4, citing Clement E. Adibe, "The Liberian Conflict and the ECOWAS-UN Partnership," Third World Quarterly, 18, no. 3 (1997), p. 473 DOI: https://doi.org/10.1080/01436599714821
Monlar, D. (2008), ECOMOG: The example for a viable solution for African conflicts, Vol, 7. No. 1 (2008) 55-61, at p. 58; See also BBC Focus on Africa, November 4, 1992
Nate D.F. Allen, „African-Led Peace Operations: A Crucial Tool for Peace and Security”, Africa Center for Strategic Studies (Aug 9, 2023), p.5
Open Society Foundations, (Sep 2013)
Preamble of the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security (1999)
Prosper Addo, “Peace-making in West Africa: Progress and Prospects,” Kofi Annan International Peacekeeping Training Centre (KAIPTC) Monograph No. 3 (Nov 200), p. 19
Richard Caplan, „Peacekeeping/Peace Enforcement“ Princeton University, Encyclopedia Princetoniensis; Brandt Chu, „The Forgotten Chapter: The Legality of Peacekeeping, Peace Enforcement, and Military Intervention under Chapter VIII of the UN Charter” Scholastica, p.3; Sam G. Amoo, „Frustrations of Regional Peacekeeping: The OAU in Chad, 1977-1982,” The Carter Center, pp. 3-6 however indicates five essential elements or requirements which includes a) consent, b) cooperation, c) non-use of force, d) clear mandate, e) institutional capacity
Sam G. Amoo, “Frustrations of Regional Peacekeeping: The OAU in Chad, 1977-1982” The Carter Center, pp. 3-4; David P. Forsythe, United Nations Peacemaking (Baltimore: The Johns Hopkins University Press, 1972), pp. 1-3; Boutros Boutros-Ghali, An Agenda for Peace (U.N. Department of Information, New York, 1992), pp. 8-9
Security Council Report, “UN Documents for Sudan: Security Council Resolutions
Teson, Fernando R. (2005), “Humanitarian Intervention: An Inquiry into Law and Morality” p. 327 DOI: https://doi.org/10.1163/9789004479791
Truth and Reconciliation Commission Report, Chapter Two at para 365 and 366, the Commission finds that Charles Taylor deployed about 2,000 (Two thousand) fighters from his NPFL into Sierra Leone in 1991 and that Charles Taylor was primarily responsible for initiating the conflict in the manner in which it began and that the NPFL was responsible for most of the early human rights atrocities committed against civilians.
Truth and Reconciliation Commission Report, Volume Two, Chapter Two
Truth and Reconciliation Commission Report, Volume Two, Chapter Two, para 367
United Nations Peacekeeping, “Terminology”, indicates that Peacekeeping is one among a range of activities undertaken by the United Nations to maintain international peace and security throughout the world. The other activities are: conflict prevention and mediation, peacemaking, peace enforcement and peacebuilding.
Zwanenburg, M. (2005), 'International Humanitarian Law Series' : Accountability of Peace Support DOI: https://doi.org/10.1163/9789047415091
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