During internal conflicts, displaced victims are confronted with wide range of physical and psychological trauma to their persons coupled with loss of their homes and other life time investments. Relocating these victims to safe place (IDPs camps) alone will be far from given them much touted hope for returning to normal lives. At the international level, there is a growing recognition of the significance of extending reparation (which comprises of restitution, relocation, reintegration and compensation) to internally Displaced Persons (IDPs) as means of assuaging the impact of wrongful acts committed against them in accordance with the time honoured legal aphorism -ubi jus ibi remedium which means where there is a wrong there must be a remedy. In Nigeria, owing to multiple factors compensating victims for loss of homes and other tangible properties in particular is yet to arouse the needed attention that it deserves as government primary attention has continually been overwhelmed by the need to provide immediate succour. This article as a conceptual discourse attempt to x-ray the various context that reparation can be gauged for internally displaced persons arising from recurring internal crisis in
The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility
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