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Africa and the Responsibility to Protect

Africa and the Responsibility to Protect Author Dan Kuwali
ISBN-10 9781317917748
Release 2013-11-26
Pages 398
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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, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) 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 Article 4(h) 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), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations. 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, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent



The Oxford Handbook of the Responsibility to Protect

The Oxford Handbook of the Responsibility to Protect Author Tim Dunne
ISBN-10 9780198753841
Release 2016-06-30
Pages 1120
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The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.



By all means necessary Protecting civilians and preventing mass atrocities in Africa

By all means necessary  Protecting civilians and preventing mass atrocities in Africa Author Dan Kuwali
ISBN-10 9781920538668
Release 2017-05-16
Pages 514
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By all means necessary Protecting civilians and preventing mass atrocities in Africa has been writing in one form or another for most of life. You can find so many inspiration from By all means necessary Protecting civilians and preventing mass atrocities in Africa also informative, and entertaining. Click DOWNLOAD or Read Online button to get full By all means necessary Protecting civilians and preventing mass atrocities in Africa book for free.



The Responsibility to Protect

The Responsibility to Protect Author Dan Kuwali
ISBN-10 9789004191716
Release 2011
Pages 527
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"Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.



Mass Atrocity Crimes

Mass Atrocity Crimes Author Robert I. Rotberg
ISBN-10 0815704860
Release 2010-09-01
Pages 255
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What can be done to combat genocide, ethnic cleansing, and other crimes against humanity? Why aren't current measures more effective? Is there hope for the future? These and other pressing questions surrounding human security are addressed head-on in this provocative and all-too-timely book. Millions of people, particularly in Africa, face daily the prospect of death at the hands of state or state-linked forces. Although officially both the United Nations and the African Union have adopted "Responsibility to Protect" (R2P) principles, atrocities continue. The tenets of R2P, recently cited in a UN Outcomes Document, make it clear that states have a primary responsibility to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. When states cannot—or will not—protect their citizens, however, the international community must step into the breach. Why have efforts to stop horrific state-sanctioned crimes seen only limited success, despite widespread support of R2P? As this enlightening volume explains and illustrates, converting a norm into effective preventive measures remains difficult. The contributors examine the legal framework to inhibit war crimes, use of the emerging R2P norm, the role of the International Criminal Court, and new technologically sophisticated methods to gather early warnings of likely atrocity outbreaks. Together they show how mass atrocities may be anticipated, how they may be prevented, and when necessary, how they may be prosecuted. Contributors include Claire Applegarth (Harvard Kennedy School), Andrew Block (Harvard Kennedy School), Frank Chalk (Montreal Institute for Genocide and Human Rights Studies, Concordia University), David M. Crane (Syracuse University College of Law), Richard J. Goldstone (Constitutional Court of South Africa; UN International Criminal Tribunals for the former Yugoslavia and Rwanda), Don Hubert (University of Ottawa; Global Center for the Responsibility to Protect, City University of New York), Sarah Kreps (Cornell University), Dan Kuwali (Malawi Defence Force), Jennifer Leaning (Harvard Francois Xavier Bagnoud Center for Health and Human Rights), Edward C. Luck (Columbia University; International Peace Institute), Sarah Sewall (Harvard Kennedy School)



Africa in Global International Relations

Africa in Global International Relations Author Paul-Henri Bischoff
ISBN-10 9781317437529
Release 2015-10-05
Pages 198
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Recent scholarship in International Relations (IR) has started to study the meaning and implications of a non-Western world. With this comes the need for a new paradigm of IR theory that is more global, open, inclusive, and able to capture the voices and experiences of both Western and non-Western worlds. This book investigates why Africa has been marginalised in IR discipline and theory and how this issue can be addressed in the context of the emerging Global IR paradigm. To have relevance for Africa, a new IR theory needs to be more inclusive, intellectually negotiated and holistically steeped in the African context. In this innovative volume, each author takes a critical look at existing IR paradigms and offers a unique perspective based on the African experience. Following on from Amitav Acharya and Barry Buzan’s work, Non-Western International Relations Theory, it develops and advances non-Western IR theory and the idea of Global IR. This volume will be of key interest to scholars and students of African politics, international relations, IR theory and comparative politics.



A Dialogue of the Deaf

A Dialogue of the Deaf Author Adekeye Adebajo
ISBN-10 1770092633
Release 2006
Pages 298
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As part of the ongoing effort to create a United Nations that is representative of its members, this collection of essays attempts to present the African perspective clearly and persuasively. This book is a valuable contribution to African efforts to engage the United Nations to achieve goals, including debt relief and a more equitable world, and to strengthen the understanding of this critical topic world wide.



The Responsibility to Protect

The Responsibility to Protect Author Dan Kuwali
ISBN-10 9789004191716
Release 2011
Pages 527
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"Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.



The African Union Legal and Institutional Framework

The African Union  Legal and Institutional Framework Author Abdulqawi A. Yusuf
ISBN-10 9789004227729
Release 2012-01-20
Pages 592
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This work is an introduction into the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) ten years ago.



An Institutional Approach to the Responsibility to Protect

An Institutional Approach to the Responsibility to Protect Author Gentian Zyberi
ISBN-10 9781107276857
Release 2013-06-27
Pages
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Covering the main political organs of the UN, important regional and security organizations, international judicial institutions and the regional human rights protection systems, An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect. It also proposes improvements to the current system of collective security and human rights protection.



Humanitarian Intervention and the AU ECOWAS Intervention Treaties Under International Law

Humanitarian Intervention and the AU ECOWAS Intervention Treaties Under International Law Author John-Mark Iyi
ISBN-10 9783319236247
Release 2016-01-22
Pages 337
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The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.



Global Politics and the Responsibility to Protect

Global Politics and the Responsibility to Protect Author Alex J. Bellamy
ISBN-10 9781136868634
Release 2010-12-14
Pages 256
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This book provides an in-depth introduction to, and analysis of, the issues relating to the implementation of the recent Responsibility to Protect principle in international relations The Responsibility to Protect (RtoP) has come a long way in a short space of time. It was endorsed by the General Assembly of the UN in 2005, and unanimously reaffirmed by the Security Council in 2006 (Resolution 1674) and 2009 (Resolution 1894). UN Secretary-General Ban Ki-moon has identified the challenge of implementing RtoP as one of the cornerstones of his Secretary-Generalship. The principle has also become part of the working language of international engagement with humanitarian crises and has been debated in relation to almost every recent international crisis – including Sudan, Sri Lanka, Myanmar, Georgia, the Democratic Republic of Congo, Darfur and Somalia. Concentrating mainly on implementation challenges including the prevention of genocide and mass atrocities, strengthening the UN’s capacity to respond, and the role of regional organizations, this book introducing readers to contemporary debates on R2P and provides the first book-length analysis of the implementation agenda. The book will be of great interest to students of the responsibility to protect, humanitarian intervention, human rights, foreign policy, security studies and IR and politics in general.



Preventing genocide and the responsibility to protect

Preventing genocide and the responsibility to protect Author Ben Majekodunmi
ISBN-10 STANFORD:36105132315677
Release 2008
Pages 48
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Preventing genocide and the responsibility to protect has been writing in one form or another for most of life. You can find so many inspiration from Preventing genocide and the responsibility to protect also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Preventing genocide and the responsibility to protect book for free.



The Legality of the African Union s Right to Intervention

The Legality of the African Union s Right to Intervention Author Stephanie Anne Fogwell
ISBN-10 OCLC:956380265
Release 2014
Pages
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The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU's strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity . The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty's report The Responsibility to Protect introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h).



The African Peace and Security Architecture

The African Peace and Security Architecture Author
ISBN-10 9994497626
Release 2014
Pages 183
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The African Peace and Security Architecture has been writing in one form or another for most of life. You can find so many inspiration from The African Peace and Security Architecture also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The African Peace and Security Architecture book for free.



Intervention to protect civilians in Darfur

Intervention to protect civilians in Darfur Author Kithure Kindiki
ISBN-10 1920114122
Release 2007
Pages 74
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Intervention to protect civilians in Darfur has been writing in one form or another for most of life. You can find so many inspiration from Intervention to protect civilians in Darfur also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Intervention to protect civilians in Darfur book for free.



Mercenaries

Mercenaries Author Abdel-Fatau Musah
ISBN-10 0745314716
Release 1999-11-20
Pages 320
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Second volume of Deutscher prize-winning trilogy on the future of IR, tracing the defining characteristics of 'foreign encounters' over time.