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The AU/ECOWAS Unilateral Humanitarian Intervention Legal Regimes and the UN Charter

The AU/ECOWAS Unilateral Humanitarian Intervention Legal Regimes and the UN Charter JOHN-MARK IYI International law makes sense only in the context of the lived history of the peoples of the Third World . . . The experience of colonialism and neo-colonialism has made Third World peoples acutely sensitive to power relations amongst states and to the ways in which any proposed international rule or institution will actually affect the distribution of power between states and people.1 Africa cannot count on the world outside to solve its crises. It is largely on its own. This is at least as true in ending human rights abuses as in ending conflicts.2 I. INTRODUCTION The objective of this article is threefold: first, it outlines specific provisions of AU/ECOWAS instruments relating to humanitarian intervention in order to deconstruct their normative contents. Second, it considers the relationship between these provisions and relevant provisions of the UN Charter and outlines the arenas of apparent normative conflict or ambiguities. Third, it examines the justifications and possibility of normative compatibility between the regimes. Both the AU and ECOWAS instruments are examined simultaneously. LLB(Hons), BL(Hons), CA, LLM, currently completing a PhD in the School of Law, University of the Witwatersrand, Johannesburg where he is also a Webber Wentzel Scholar. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The AU/ECOWAS Unilateral Humanitarian Intervention Legal Regimes and the UN Charter

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0074
Publisher site
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Abstract

JOHN-MARK IYI International law makes sense only in the context of the lived history of the peoples of the Third World . . . The experience of colonialism and neo-colonialism has made Third World peoples acutely sensitive to power relations amongst states and to the ways in which any proposed international rule or institution will actually affect the distribution of power between states and people.1 Africa cannot count on the world outside to solve its crises. It is largely on its own. This is at least as true in ending human rights abuses as in ending conflicts.2 I. INTRODUCTION The objective of this article is threefold: first, it outlines specific provisions of AU/ECOWAS instruments relating to humanitarian intervention in order to deconstruct their normative contents. Second, it considers the relationship between these provisions and relevant provisions of the UN Charter and outlines the arenas of apparent normative conflict or ambiguities. Third, it examines the justifications and possibility of normative compatibility between the regimes. Both the AU and ECOWAS instruments are examined simultaneously. LLB(Hons), BL(Hons), CA, LLM, currently completing a PhD in the School of Law, University of the Witwatersrand, Johannesburg where he is also a Webber Wentzel Scholar.

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Oct 1, 2013

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