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Illegal Peace in Africa

Illegal Peace in Africa An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta

Author: Jeremy I. Levitt
Publisher: Cambridge University Press
ISBN: 9780521888684
Published In: March 2012
Format: Hardback , 314 pages
Jurisdiction: Africa ? Disclaimer:
Countri(es) stated herein are used as reference only

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African states have become testing grounds for Western conflict-resolution experiments, particularly power-sharing agreements, supposedly intended to end deadly conflict, secure peace and build democracy in divided societies. This volume examines the legal and political efficacy of transitional political power-sharing between democratically constituted governments and the African warlords, rebels, or junta that seek to violently unseat them. What role does law indicate for itself to play in informing, shaping and regulating peace agreements? This book addresses this question and others through the prism of three West African case studies: Liberia, Sierra Leone and Guinea-Bissau. It applies the neo-Kadeshean model of analysis and offers a framework for a 'Law on Power-sharing'. In a field dominated by political scientists, and drawing from ancient and contemporary international law, this book represents the first substantive legal critique of the law, practice and politics of power-sharing.

• Presents a multidisciplinary study drawing from law, political science and history

• Provides the first substantive inquiry into the legality of peace agreements, particularly political power-sharing

• Addresses this issue and others through the prism of three West African case studies: Liberia, Sierra Leone and Guinea-Bissau

Acknowledgments	ix
1 Introduction	1
A. The Neo-Kadeshean Model	7
B. The Focus and Structure of This Volume	16
2 Legalizing Peace	24
A. The Utility of Law in Peacemaking	24
B. Legal Order versus Legal Realism in Africa	29
C. Law versus Politics in War	34
3 The Question of Power Sharing	38
A. Power Sharing and the Rule of Law	38
B. Arguments for Power Sharing	43
C. Arguments against Power Sharing	46
D. Conclusion	50
4 The Conflicts in Liberia, Sierra Leone, and Guinea-Bissau	52
A. Why Liberia, Sierra Leone, and Guinea-Bissau?	52
B. Conflict and State Collapse	57
C. Intervention and Peacemaking	68
D. Conclusion	76
5 The Accra, Lomé, and Abuja Accords	77
A. Cease-Fire	79
B. Military	79
C. Human Rights	81
D. Implementation	83
E. Power Sharing	85
F. Conclusion	96
6 The Domestic Legality of Power Sharing	97
A. State Authority	99
B. Fundamental Rights	103
C. Executive and Legislative Powers	108
D. Conclusion	120
7 The Regional Legality of Power Sharing	123
A. African Union Law and Practice	130
B. Economic Community of West African States Law and Practice	138
C. Conclusion	143
8 The International Legality of Power Sharing	145
A. United Nations Law and Practice	145
B. Other International Law and Practice	159
C. Conclusion	166
9 Postscript: Liberia, Sierra Leone, and Guinea-Bissau	168
A. Post-Accra: Peace and Instability	169
B. Post-Lomé: Conflict and Justice	181
C. Post-Abuja: Coups and Uprisings	189
D. Conclusion	203
10 No Law, No Peace	207
A. The Necessity of Law in Power Sharing	207
B. Making Legal Peace: Law, Power Sharing, and International Institutions	210
C. Toward a Law of Power Sharing	223
11 Conclusion	244
Bibliography	251
Index	289