African Peace and Security Architecture and the Protection of Human Security

Abass, Ademola

doi:10.1093/acprof:oso/9780199578986.003.0011

Cited by 10 publications

(5 citation statements)

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“…In line with tradition and African patriarchal societies, girls usually played a variety of subordinate roles in war limited to supporting those in active combat through various means. [39] In the Mozambique conflict (1977-1992) both FRELIMO an RENAMO used girl recruits as fighters but also as spies, intelligence officers, trainers, medics and labourers collecting water and wood and so forth. In Angola they were used to entertain troops and keep the morale high.…”

Section: Girls and Woman As Preferred Suicide Bombersmentioning

confidence: 99%

“…In Angola they were used to entertain troops and keep the morale high. [39] This has changed as girls are increasingly involved in political violence and their human rights are abused at all levels. Compared to boys, the position of girls is, however, made more complex when considering the added influence of gender based violence.…”

Section: Girls and Woman As Preferred Suicide Bombersmentioning

confidence: 99%

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Africa’s Child Soldiers/Suicide Children: A Regulatory Framework

Olivier¹

2018

IJLS

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Despite the prohibition of child soldiers by international law, recent African conflicts have witnessed a persistence of this phenomenon, which is becoming ever more specialised. An example of such specialist involvement of children in African armed conflicts is the use of young children, especially girls as suicide bombers by the jihadist terrorist groups Boko Haram and Al-Shabaab. Using children in armed conflict is regarded as amongst the worst forms of child abuse under international law and African regional law. This article examines the almost unprecedented threat to the human rights of children created by child soldiers and specifically child suicide bombers with the objective of identifying major weaknesses in the responses by both general international law and African Union legal instruments. Despite the comprehensive engagement of international regulations with children in armed conflict, they are silent on the practice of using children for the specific purpose of suicide bombings. This article considers the question whether child suicide bombers can be considered to be child soldiers and as such should benefit from the regulations applicable to the latter category. This is established through an analysis of both the general international law and African Union legal frameworks on the rights of the child; child labour; children in armed conflict; and terrorism within the context of available information on the current wave of suicide bombings by young girls in West-Africa. It is suggested that child suicide bombings in a West-African context in effect constitutes a new form of improvised explosive device, but moreover should be regarded as a recognised form of child soldiering and terrorism. Although international law and scholarship do not provide adequate responses to this complex problem, it is suggested that child suicide bombings violate the letter and the spirit of the international regulations identified. This points to a clear need for more focussed scholarly research and comprehensive international engagement in order to understand and more effectively regulate this extreme form of child abuse within the already established context of children in armed conflict.

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Section: Girls and Woman As Preferred Suicide Bombersmentioning

confidence: 99%

Section: Girls and Woman As Preferred Suicide Bombersmentioning

confidence: 99%

Africa’s Child Soldiers/Suicide Children: A Regulatory Framework

Olivier¹

2018

IJLS

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“…112 These can, inter alia, be attributed to tension and a lack of communication within regional systems, the withholding of intelligence by national states, and differences between African leaders on the nature and composition of the ASF. 113 Clarity as to when and what form intervention should take is a complicated matter and remains elusive.…”

Section: The Peace and Security Councilmentioning

confidence: 99%

“…This constituted a violation of the AU Charter according to Abass. 130 The AU has shown that it is prepared to act differently when other examples of unconstitutional changes take place such as a putsch, coup d'état or mercenary intervention. 131 There are definite indications that AU practice under the African Charter on Democracy, Elections and Governance has entered the domain of supranationality.…”

Section: The Au's Commitment To Democratic Governancementioning

confidence: 99%

The role of African Union law in integrating Africa

Olivier

2015

South African Journal of International Affairs

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This article traces how the development of regional law is linked to the state of regional integration in Africa. Given the prominent role European Union law plays in the functioning of the European Union, the question is posed whether there is similar scope for the development of 'African Union law', a term not established hitherto.Initially devoid from the necessary supranational elements required to adopt law that would automatically bind member states, the African Union is leaning towards a functionalist approach paving the way for transfer of sovereign powers to African Union institutions. It is argued that law-making capacity, be it through the activities of the Pan-African Parliament, the Peace and Security Council or the African court system are necessary requirements to accelerate the process of regional integration.African Union law will hold member states accountable to comply with international and continentally agreed standards on, inter alia, democracy, good governance and human rights.

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“…87 However, the organization has been criticized when it comes to its practice of turning a blind eye on incumbent governments which cling to power by refusing to accept election defeats. 88 Although the scope of the regional norm on UCGs has been broadened under successive normative reforms, a close reading of the relevant standards reveals that the issue of democratic revolution does not squarely fit into existing AU standards on unconstitutional changes. The more evolved version of the principle of prohibition of unconstitutional changes of government as enunciated under the recently ratified African Democracy Charter covers five different cases of unconstitutional changes of government.…”

Section: The Principle Of Prohibition Of Unconstitutional Changes Of mentioning

confidence: 99%

The Arab Spring and the Question of Legality of Democratic Revolution in Theory and Practice: A Perspective Based on the African Union Normative Framework

Obse¹

2014

Leiden Journal of International Law

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Traditional rules of international law do not recognize a positive right of revolution, nor a prohibition thereof as the relevant rules merely place the legality of revolutions in their effectiveness. However, the recent upsurge in democratically inspired revolutions has provided high currency to proposals that seek to re-evaluate the position of international law towards revolutions. Proponents of the theory of democratic revolution have sought to establish the legality of revolutions on an elevated normative ground using the lofty ideals of human rights and democratic governance and ultimately suggesting the existence of a positive right of democratic revolution under international law. Focusing on the Arab spring and the normative framework of the African Union, this article argues that the existing (emerging) human rights and democratic norms do not necessarily provide any distinct normative justifications for democratic revolutions beyond the legality that could be possibly established on the basis of traditional norms of international law. While the study recognizes emerging norms that represent a shift away from the effectiveness doctrine, it is observed that the pro-revolutionary implications of the norms are not as obvious as their importance as an (anti-revolutionary) injunction against the forcible ouster of democratically elected governments. The article concludes with the observation that the premium placed on democratic elections in the various normative instruments underscores the centrality of elections – and, alas, not revolutions – as the primary means through which the people's constitutive power (pouvoir constituant) is to be expressed.

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African Peace and Security Architecture and the Protection of Human Security

Cited by 10 publications

References 0 publications

Africa’s Child Soldiers/Suicide Children: A Regulatory Framework

Africa’s Child Soldiers/Suicide Children: A Regulatory Framework

The role of African Union law in integrating Africa

The Arab Spring and the Question of Legality of Democratic Revolution in Theory and Practice: A Perspective Based on the African Union Normative Framework

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