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 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | The 'Droit et Devoir d'Ingérence': A Timely New Remedy for Africa? |
| Author: | Bowring, Bill |
| Year: | 1995 |
| Periodical: | African Journal of International and Comparative Law |
| Volume: | 7 |
| Issue: | 3 |
| Pages: | 493-510 |
| Language: | English |
| Geographic terms: | Africa Rwanda |
| Subjects: | foreign intervention right of intervention Law, Human Rights and Violence |
| External link: | https://heinonline.org/HOL/P?h=hein.journals/afjincol7&i=507 |
| Abstract: | In the last few years a new doctrine of international law has made itself known in France and French-speaking Africa: the 'droit et devoir d'ingérence', the right and duty of interference (as distinct from intervention). It is a norm which has emerged as a result of recognition of inadequacy in the law, and the attempt to fill a perceived gap; in terms of the recognized sources of international law it has no real validity at all. The doctrine has become a controversial topic in the English-speaking world, since the leading French-based human rights NGO, the Fédération internationale des ligues de droits de l'homme, has adopted the 'droit et devoir d'ingérence' as part of its strategy, with a proposal for amendment of the UN Charter. This paper interrogates this new doctrine both from a political and from a theoretical point of view, and compares it with the existing and developing doctrine of humanitarian intervention. In particular, it investigates the French 'interference' in Rwanda in July 1994, its legality, and the extent to which the new doctrine underpinned it. Notes, ref. |