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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title: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
Author:Sarkin, JeremyISNI
Periodical:Journal of African Law
Geographic term:Africa
Subjects:right of intervention
African Union
African organizations
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 subregional 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 subregional 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 subregional structures, and evaluates the AU's political will and capability to deal with conflict and human rights abuse. Notes, ref., sum. [Journal abstract]