Humanitarian Intervention and the AU-ECOWAS Intervention Treaties Under International Law
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 relationshi
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Humanitarian Intervention and the AU-ECOWAS Intervention Treaties Under International Law Towards a Theory of Regional Responsibility to Protect
Humanitarian Intervention and the AU-ECOWAS Intervention Treaties Under International Law
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John-Mark Iyi
Humanitarian Intervention and the AU-ECOWAS Intervention Treaties Under International Law Towards a Theory of Regional Responsibility to Protect
John-Mark Iyi Faculty of Law University of Johannesburg Johannesburg, South Africa
ISBN 978-3-319-23623-0 ISBN 978-3-319-23624-7 DOI 10.1007/978-3-319-23624-7
(eBook)
Library of Congress Control Number: 2015960277 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
To Ben A friend and a brother
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Preface
The ECOWAS and AU peace and security legal frameworks have attracted little study amongst international law scholars despite its far-reaching normative innovations and implications for Africa, the UN Charter-based law of humanitarian intervention and international law in general. With the exception of a couple of writers, the few studies that exist have dismissed such provisions as article 4(h) of the AU Constitutive Act and article 10 and 25 of the ECOWAS Mechanism for Conflict Prevention, Management, Resolution Peacekeeping and Security Protocol (MCPMRPS) as illegal treaties because of their incompatibility with articles 2(4), 24(1), 53(1) and 103 of the Charter. None of these studies examined the theoretical basis of these treaties and at a time the world is in search of a legal framework for the operationalisation of the Responsibility to Protect (R2P), it has become imperative to undertake an interrogation of the theoretical underpinnings of these treaties. My study tested the legal validit
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