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Vol 21 No 11 Nov/Dec 2016

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Africa and the Responsibility to Protect: Article 4(h) of the African Union Constitutive Act

Edited by: Dan Kuwali, Frans Viljoen

ISBN13: 9780415722315
Published: November 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781138659186



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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, only one intergovernmental organization, the African Union (AU), has explicitly made this principle part of its foundational text by concretizing the responsibility to protect in Article 4(h) of its Constitutive Act. So far although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not invoked this Article 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 the Article 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) with the provisions of the Charter of the United Nations, especially where the AU exercises military intervention to protect populations at risk of mass atrocities. 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 procedural and practical insights on African and the responsibility to protect.

Subjects:
Other Jurisdictions , Africa
Contents:
Part 1: Introduction
Foreword, Justice Richard Goldstone
Introduction, Dan Kuwali and Frans Viljoen

Part 2: Conceptual Issues
1. The Rationale of Article 4(h), Dan Kuwali
2. What is 'intervention' under Article 4(h)?, Dan Kuwali
3. Calibrating the Conceptual Contours of Article 4(h), Ademola Abass
4. The Role of the UN Security Council in the Implementation of Article 4(h), Martin Kunschak
5. The International Crimes that Trigger Article 4(h)-intervention, Martin Kunschak
6. Interpreting and Implementing Article 4(h) from Ethical Perspectives, Brian D. Lepard
7. Article 4(h) and the Citizen's Right to be Protected, Jan Mutton
8. Article 4(h) Intervention: Prospects and problems, Francis Kofi Abiew

Part 3: Institutional Perspectives
9. Article 4(h): A Supernational perspective, Babatunde Fagbayibo
10. The Role of the African Peace and Security Architecture in Implementation of Article 4(h), Tim Murithi
11. The Role of the African Union Continental Early Warning System in Preventing Mass Atrocities, John Mark Iyi
12. The Role of the African Standby Force in Implementing Article 4(h), Charles T. Hunt

Part 4. Preventing Mechanisms
13. The Role of the African Human Rights System in Preventing Mass Atrocities, Solomon A. Dersso
14. The role of the African Peer Review Mechanism in preventing mass atrocities, Thembani Mbadlanyana
15. Article 4(h): Advancing the states' capacity to protect and prevent atrocities, Rachel Gerber
16. The Role of the Special Procedures and Other Measures of the UN Human Rights Council in Preventing Mass Atrocities in Africa, Christine Evans and Jane Connors

Part 5. Operationalization
17. Drawing Lessons from ECOWAS for Implementing Article 4(h) Intervention, Bright Nkrumah and Frans Viljoen
18. Multilateral Intervention: The AMISOM Experience, Gilbert Mittawa and Fred Mugisha
19. Article 4(h): Translating Politcal Commitment into Collective Action, Frank Okyere, Kwesi Aning and Susan Nelson
20. Mobilizing the Political Will for Article 4(h)-Intervention, Madalisto Z. Phiri and Blaise G. Saenda
21. Article 4(h): Generating the Capability to Protect Populations from Mass Atrocities in Africa, Henry L. Odillo
22. Ensuring Responsibility While Implementing Article 4(h), Noel M. Morada
23. Supporting African Solutions to African Problems: IBSA and the implementation of Article 4(h), Naomi Kikoker

Part 6: Conclusions
24. Conclusion, Dan Kuwali and Frans Viljoen
25. The Pretoria Principles: A Commentary, Dan Kuwali and Frans Viljoen