1 Human Security Report 2005: War and Peace in the 21st Century (2005, Oxford University Press) at 22.
3 The other categories classified by Freedom House are “free” (91 countries) and “partly free” (58 countries).
4 MC Bassiouni “The normative framework of international humanitarian law: Overlaps, gaps, and ambiguities” (1998) 8/2 Transnational Law and Contemporary Problems 199 at 203.
5 S Chesterman Civilians in War (2001, Lynne Rienner) at 2.
8 Project Ploughshares Project Ploughshares R2P: East, West, and Southern African Perspectives on Preventing and Responding to Crises (2005, Project Ploughshares) at 2.
9 Sheppard, A “Child soldiers: Is the optional protocol evidence of an emerging ‘straight-18’ consensus?” (2000) 12 The International Journal of Children's Rights 37 at 70.
10 Davison, A “Child soldiers: No longer a minor incident” (2004) 12 Willamette Journal of International Law and Dispute Resolution 124 at 144.
11 UN High Commissioner for Refugees 2006 Global Trends: Refugees, Asylum Seekers, Internally Displaced People and Stateless Persons, available at: <http://www.unhcr.org/statistics.html> (last accessed 15 October 2007).
12 McGowan, P “African military coups d’état, 1956–2001: Frequency, trends and distribution” (2003) 41/3 Journal of Modern African Studies 339 at 370.
17 Holzgrefe, L and Keohane, R (eds) Humanitarian Intervention: Ethical, Legal and Political Dilemmas (2003, Cambridge University Press).
21 G Mugumya “Peace, security and the responsibility to protect: Policy options for the AU's Peace and Security Council” (keynote speech at an Institute for Public Policy Research/Institute for Security Studies meeting on “Protecting civilians in African crises: Is military force the only effective response?”, London, 14 September 2006).
23 See further Kolb, R “Note on humanitarian intervention” (2003) 849 International Review of the Red Cross 119.
24 Project Ploughshares Project Ploughshares R2P, above at note 8 at 3.
25 Powell, K “The African Union's emerging peace and security regime: Opportunities and challenges for delivering on the responsibility to protect” (2005) 119 Institute for Security Studies Monograph Series 1 at 1.
26 Kritsiotis, D “Reappraising policy objections to humanitarian intervention” (1998) 19 Michigan Journal of International Law 1005 at 1021.
27 See further Sarkin, J and Pietchman, M “Legitimate humanitarian intervention under international law in the context of the current human rights and humanitarian crisis in Burma/Myanmar” (2003) 33/1 Hong Kong Law Journal 371.
30 Report of the International Commission on Intervention and State Sovereignty at para 6.30, available at: <http://www.iciss.ca/report-en.asp> (last accessed 14 April 2008).
33 There have also been a few cases of single country interventions into a neighbouring state. For example, Tanzania intervened in Uganda and overthrew Idi Amin in the late 1970s. Although Kenya, Nigeria, Libya and Sudan objected to this, the international community response was generally muted, even though intervention by Vietnam in Cambodia at around the same time drew much reaction. The intervention was accepted by many as Tanzania acting in self-defence and was not even discussed by the UN Security Council or General Assembly. It was however discussed by the Organization of African Unity on a number of occasions. See Murphy, SDHumanitarian Intervention: The United Nations in an Evolving World Order (1996, University of Pennsylvania Press) at 106; Wheeler, NJSaving Strangers: Humanitarian Intervention in International Society (2000, Oxford University Press) at 122. A more recent example is that of France intervening in the DRC in 2003. However, that intervention had UN and European Union authorization and played a limited role, while the UN organized its own force. See Holt, VK and Shanahan, MKAfrican Capacity-Building for Peace Operations: UN Collaboration with the African Union and ECOWAS (2005, Stimson Center) at 50.
34 Allain, J “The true challenge to the United Nations system of the use of force: The failures of Kosovo and Iraq and the emergence of the African Union” (2004) 8 Max Planck Yearbook of United Nations Law 237 at 261.
36 Protocol Relating to the Establishment of the Peace and Security Council of the AU, adopted by the 1st ordinary session of the AU Assembly, Durban, 9 July 2002.
37 “The common African position on the proposed reform of the UN: ‘The Ezulwini Consensus’” (7th extraordinary session of the AU Executive Council, Addis Ababa, Ethiopia, 7–8 March 2005).
39 “The common African position”, above at note 37 at 6.
41 International Commission on Intervention and State Sovereignty The Responsibility to Protect: Research, Bibliography and Background (2001, International Development Research Council).
42 K Annan “Balance state sovereignty with individual sovereignty!” (speech at the UN General Assembly on 20 September 1999). See also Annan, K “Two concepts of sovereignty” (1999) 18 The Economist 49.
43 Deng, FM “Frontiers of sovereignty” (1995) 8/2 Leiden Journal of International Law 249. See also Kimaro, S, Lyons, T, Rothchild, D and Zartman, IWSovereignty as Responsibility: Conflict Management in Africa (1996, Brookings Institution Press).
44 Landsberg, C “The fifth wave of panAfricanism” in Adebajo, A and Rashid, IODWest Africa's Security Challenges: Building Peace in a Troubled Region (2004, Lynne Riener) 117 at 124.
45 Africa's Responsibility To Protect (2007, Cape Town Centre for Conflict Resolution) at 15.
46 Genocide Convention, above at note 15, art 1.
48 Sarkin, J “The historical origins, convergence and interrelationship of international human rights law, international humanitarian law, international criminal law and international law: Their application from at least the nineteenth century” (2007) 1/1 Human Rights and International Legal Discourse 125 at 137.
49 ICISS The Responsibility to Protect, above at note 41 at para 2.29.
52 Hamilton, R “The responsibility to protect: From document to doctrine – but what of implementation?” (2006) 19 Harvard Human Rights Law Journal 289 at 289.
53 See further Sidhu, WP “Regionalisation of peace operations” in Eide, EB (ed) Effective Multilateralism: Europe, Regional Security and a Revitalised UN (2006, Foreign Policy Centre) 32.
55 See Daly, E and Sarkin, JReconciliation in Divided Societies: Finding Common Ground (2007, University of Pennsylvania Press).
56 ICISS The Responsibility to Protect, above at note 41 at para 4.18.
58 Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States) 1986 ICJ (27 June).
60 Powell “The African Union's emerging peace and security regime”, above at note 25 at 7.
61 A More Secure World: Our Shared Responsibility: Report of the High-Level Panel on Threats, Challenges and Change (2005, United Nations).
64 UN General Assembly, 2005 World Summit Outcome: UN doc A/60/L.1 (15 September 2005).
65 A More Secure World, above at note 61 at para 135.
66 CERD/C/67/1 14 October 2005.
69 UN press release: “Secretary General appoints Francis Deng of Sudan as Special Advisor for Prevention of Genocide, Mass Atrocities” (29 May 2007, United Nations Department of Public Information), available at: <http://www.un.org/News/Press/docs/2007/sga1070.doc.htm> (last accessed 16 April 2008).
72 Press release: “Launch of new global centre against mass atrocity crimes” (14 February 2008, The Global Centre for the Responsibility to Protect).
73 Including Australia, Belgium, Canada, the Netherlands, Norway, Rwanda, the UK, the John D and Catherine T MacArthur Foundation, and the Open Society Institute.
74 See further Project Ploughshares Responsibility to Protect, above at note 8.
75 Kindiki, K “The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal” (2003) 3 African Human Rights Law Journal 97 at 98.
76 Various processes in the latter part of the 1990s led to NEPAD. Firstly, the OAU adopted the Millennium Africa Recovery Plan (MAP). Later MAP became part of the New African Initiative which became NEPAD.
77 “Declaration on a Framework for an OAU Response to Unconstitutional Changes in Government” (36th ordinary session of heads of state and government of the OAU, Lomé, Togo, 10–12 July 2000) AHG/Decl 5 (XXXVI).
78 See Kioko, B “The right of intervention under the African Union's Constitutive Act: From non-interference to non-intervention” (2003) 85 International Review of the Red Cross 821 at 852.
79 See further Muyangwa, M and Vogt, MAAn Assessment of the OAU Mechanism for Conflict Prevention, Management and Resolution, 1993–2000 (2002, International Peace Academy).
80 AU Constitutive Act, art 3(a).
95 See Baimu, E and Sturman, K “Amendment to the African Union's right to intervene: A shift from human security to regime security?” (2003) 12/2 African Security Review 37.
96 Adopted by the 1st extraordinary session of the AU Assembly in Addis Ababa, Ethiopia on 3 February 2003 and by the 2nd ordinary session of the AU Assembly in Maputo, Mozambique on 11 July 2003.
97 See Baimu and Sturman “Amendment to the African Union's right”, above at note 95 at 37.
99 World Summit Outcome, above at note 64 at para 139.
100 ACHPR/Res.117 (XXXXII) 07: resolution on strengthening the responsibility to protect in Africa (42nd ordinary session held in Brazzaville, DRC, 15–28 November 2007).
102 Berman, E “African regional organisations’ peace operations: Developments and challenges” (2002) 11/4 African Security Review 33 at 34.
103 See for example Jackson, R “The dangers of regionalising international conflict management: The African experience” (2002) 52/1 Political Science 41.
104 BF Franke “In defence of regional peace operations in Africa” (26 February 2006) available at: <http://jha.ac/articles/a185.pdf> (last accessed 16 April 2008).
106 Berman, E and Sams, KPeacekeeping in Africa: Capabilities and Culpabilities (2000, UN Institute for Disarmament Research) at 113.
107 African Peer Review Mechanism APRM Base Document, available at: <http://www.uneca.org/aprm/Documents/APRM%20Base%20Document.pdf> (last accessed 17 April 2008). 27 states have acceded to this mechanism and five have already been through the process. See further Overview Paper on The Role of the APRM in Strengthening Governance in Africa: Opportunities and Constraints in Implementation (2007 UN Office of the Special Adviser on Africa).
108 See further Lloyd, A and Murray, R “Institutions with responsibility for human rights protection under the African Union” (2004) 48/2 Journal of African Law 165.
109 Report on the Elaboration of a Framework Document on Post-Conflict Reconstruction and Development (2006, AU Executive Council) at 3.
110 AU Protocol Establishing the Peace and Security Council, art 2.
124 Quoted in Powell “The African Union's emerging peace and security regime”, above at note 25 at 1.
125 Res 1545, S/Res/1545 (2004), 21 May 2004. See Holt, VK and Shanahan, MKAfrican Capacity-Building for Peace Operations: UN Collaboration with the African Union and ECOWAS (2005, Stimson Center) at 49.
126 AU press release: “The chairperson of the Commission of the African Union (AU) expresses his concern over the events in Mauritania” (3 August 2005, African Union).
127 Peace and Security Council press release: PSC/PR/Stat.(XXXVI)-(ii) “Statement” (2005, African Union).
128 See further Guicherd, CThe AU in Sudan: Lessons for the African Standby Force (2007, International Peace Academy).
129 Murithi, T “The African Union's evolving role in peace operations: The African Union Mission in Burundi, the African Union Mission in Sudan and the African Union Mission in Somalia” (2008) 17/1 African Security Review 70 at 80.
130 Murithi, T “The responsibility to protect, as enshrined in article 4 of the Constitutive Act of the African Union” (2007) 16/3 African Security Review 14.
131 UN Office of the Special Adviser on Africa “The emerging role of the AU and ECOWAS in conflict prevention and peacebuilding” (background paper prepared for expert group meeting, 28 December 2007) at para 56.
135 Bakhoum “ECOWAS as regional peace broker”, above at note 133.
136 Res 1464, S/Res/1464 (2003), 4 February 2003. See Holt and Shanahan African Capacity-Building, above at note 125.
137 Res 1497, S/Res/1497 (2003), 1 August 2003. See Holt and Shanahan id at 49.
140 See for example ECOWAS press release: “ECOWAS electoral observers in Sénégal” (press release no 11/2007, 25 February 2007, Abuja) and ECOWAS press release “ECOWAS observers to be deployed in Nigeria for general elections” (press release no 28/2007, 4 April 2007, Abuja).
141 ECOWAS press release: “Heads of election management bodies establish [sic]” (Press release008/2008, 9 February 2008, Conakry).
142 ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security (1999), art 25.
146 Comprising Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan and Uganda.
149 J Young “Weaknesses of IGAD mediation in the Sudan peace process” (28 January 2008) Sudan Tribune at 5.
151 Comprising Tanzania, Kenya, Uganda, Burundi and Rwanda.
152 Comprising Angola, Burundi, Comoros, DRC, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Madagascar, Malawi, Mauritius, Namibia, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe.
154 Comprising Angola, Botswana, DRC, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.
156 The Southern African Development Coordination Conference was established in 1980 and was transformed into SADC in 1992.
157 Berman, EG and Sams, KE “Constructive engagement: Western efforts to develop African peacekeeping” (1998) 33 ISS Monograph 1 at 9.
158 See Likoti, FJ “The 1998 military intervention in Lesotho: SADC peace mission or resource war?” (2007) 14/2 International Peacekeeping 251.
159 Protocol on Politics, Defence and Security Cooperation (2001), art 2.
166 See further Kent, V and Malan, M “The African standby force: Progress and prospects” (2003) 12/3 African Security Review 29.
168 Comprising Guinea, Liberia and Sierra Leone.
169 Benin, Burkina Faso, Central African Republic, Chad, Côte d'Ivoire, Djibouti, Egypt, Eritrea, The Gambia, Ghana, Guinea-Bissau, Liberia, Libya, Mali, Morocco, Niger, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Togo and Tunisia.
171 Juma, M and Mengistu, AThe Infrastructure of Peace in Africa: Assessing the Peacebuilding Capacity of African Institutions (2002, International Peace Academy).
172 A de Waal “Darfur and the failure of the responsibility to protect” (2007) 83/6 International Affairs 1039 at 1054.
173 See further Marshall, MG and Gurr, TRPeace and Conflict 2005: A Global Survey of Armed Conflicts, Self-determination Movements, and Democracy (2005, Centre for International Development and Conflict Management, University of Maryland) at 39–40.
177 Archbishop D Tutu “Taking the responsibility to protect” (19 February 2008) International Herald Tribune.