Dealing with Africa's Human Rights Problems: The Role of the United Nations, the African Union and Africa's Sub-Regional Organizations in Dealing with Africa's Human Rights Problems: Connecting Humanitarian Intervention and the Responsibility to Protect

Journal of African Law, April 2009

Hofstra Univ. Legal Studies Research Paper No. 09-01

26 Pages Posted: 7 Jan 2009 Last revised: 17 Nov 2013

See all articles by Jeremy Sarkin

Jeremy Sarkin

NOVA University of Lisbon - Faculty of Law

Date Written: January 5, 2009

Abstract

This article examines the basis for humanitarian intervention (HI) in the United Nations Charter, the African Union (AU) Charter and in a number of African sub-regional institutions. It traces the historical development of HI and argues that, while the right to HI emerged more than 100 years ago, that right also emerges from the Genocide Convention. The article argues that this treaty connects HI to the developing norm of the responsibility to protect (R2P) and examines the extent to which R2P is garnering wider support around the world. It focuses on the UN, and the various AU and sub-regional institutions and instruments that sanction HI. It assesses whether intervention can be authorized even in the absence of a UN Security Council mandate and examines the principles, application and interrelationship of R2P and HI in the African context. It traces the use of these norms in Africa, including in the various sub-regional structures, and evaluates the AU's political will and capability to deal with conflict and human rights abuse.

Keywords: international law, international human rights law, united nations, African Union, genocide, Africa, humanitarian intervention, transitional justice, responsibility to protect

Suggested Citation

Sarkin, Jeremy, Dealing with Africa's Human Rights Problems: The Role of the United Nations, the African Union and Africa's Sub-Regional Organizations in Dealing with Africa's Human Rights Problems: Connecting Humanitarian Intervention and the Responsibility to Protect (January 5, 2009). Journal of African Law, April 2009 , Hofstra Univ. Legal Studies Research Paper No. 09-01, Available at SSRN: https://ssrn.com/abstract=1323332

Jeremy Sarkin (Contact Author)

NOVA University of Lisbon - Faculty of Law ( email )

Campus de Campolide
Lisboa, 1099-032
Portugal

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