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

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

Author: Dan Kuwali; Frans Viljoen
Publisher: Routledge
ISBN: 9781138659186

Published In: March 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415722315

List Price: HKD 636.87

HKD 617.76 Save HKD 19.11 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

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

Browse Books

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

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

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

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title