Towards Effective Collective Security and Human Rights Protection in Africa: An Assessment of the Constitutive Act of the New African Union

Abass, Ademola; Baderin, Mashood A.

doi:10.1017/s0165070x00000322

Cited by 30 publications

(8 citation statements)

References 19 publications

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“…Nevertheless, the Security Council took action with regard to the war unfolding in Korea, issuing a recommendation that UN members render assistance to the Republic of Korea as necessary to repel North Korea's armed attack. 30 The members of the Security Council thus made it clear that they would not accept the Soviet Union's attempt to bind the Council's hands and it resorted to dynamic interpretation to this end. 31 When the Soviet Union realised that it would not be able to block Council action merely by staying away, it returned to the meetings and participated: it blocked further actions and recommendations with regard to Korea by issuing a veto.…”

Section: B Empowering Other Un Organsmentioning

confidence: 99%

The UN Security Council and the Maintenance of Peace in a Changing World

Cai,

van den Herik,

Maluwa

2024

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How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.

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Section: B Empowering Other Un Organsmentioning

confidence: 99%

The UN Security Council and the Maintenance of Peace in a Changing World

Cai,

van den Herik,

Maluwa

2024

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“…94 Some commentators describe this mandate as "the raison d'être of the organization". 95 Furthermore, some of the AU instruments that preceded the Protocol also enshrine the right of certain categories of person, including persons with disabilities, to participate in peace efforts and the prevention of armed conflict. This is the case for Article 10 of the Protocol on the Rights of Women and Article 17 of the African Youth Charter.…”

Section: The Strengthening Of Special Protection For Persons With Dis...mentioning

confidence: 99%

Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis

Fomekong¹

2022

Int. rev. Red Cross

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This contribution analyses Article 12 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Protocol). It examines the purpose, scope and contribution of this Article to the legal protection of persons with disabilities in armed conflict and its implementation. The analysis is divided into four parts. The first part will start by identifying and analysing the background to this provision, which provides specific protection to persons with disabilities in armed conflict. The second part will examine Article 12 in the light of other similar regional instruments and of the protection challenges that persons with disabilities face during conflict. This will highlight the specific nature of the Article's provisions, together with its shortcomings and its progressive aspects. Part three will look at the interaction between Article 12 and equivalent rules of international humanitarian law, and how Article 12 contributes to the development of legal protection for persons with disabilities in armed conflict. Finally, the fourth part will examine the challenges to the implementation of Article 12. It will also propose ways of overcoming those challenges and hence of enabling Article 12 to have its intended effect.

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“…Finally, the literature disagrees on the significance of regionalization for the UN system of collective security and the distribution of responsibilities among the UN and other actors. One strand—mostly inspired by area studies and the international legal literature—even speaks of a challenge to the authority of the UNSC by some ROs—as evidenced by the African Union’s lack of acknowledgment of UNSC supremacy, as well as cases of peace enforcement missions that lacked proper UNSC authorization (Abass and Baderin, 2002; de Wet, 2014; Hettne and Söderbaum, 2006; Ntahiraja, 2012; Simma, 1999; Tomuschat, 1998).…”

Section: Why Milinda? Rationale For a New Datasetmentioning

confidence: 99%

“…MILINDA codes four types of interventions, denoting the distribution of responsibilities among the various actors, which we defined in line with the international legal literature (Abass, 2004; Abass and Baderin, 2002; Berdal, 2008; de Wet, 2014): Peace Enforcement, Peacekeeping, Observer, and Other.…”

Section: Milinda: Defining Peace Operations and Their Mandatesmentioning

confidence: 99%

MILINDA: A new dataset on United Nations-led and non-united Nations-led peace operations

Jetschke

Schlipphak

2019

Conflict Management and Peace Science

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Is there a trend toward the regionalization of peacekeeping? Does regionalization undermine the United Nations (UN) system of collective security? To answer these questions, we present an innovative dataset of peace operations. Covering the 1947–2016 period, the dataset captures every UN and non-UN peace operation, information on mission type, the existence of target state consent and UN authorization. The unit of analysis is the mission. The first analysis of the dataset yields three findings: (1) There is a significant regionalization of peace operations; (2) regions show distinct intervention patterns; and (3) regionalization does not directly challenge the UN authority.

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Towards Effective Collective Security and Human Rights Protection in Africa: An Assessment of the Constitutive Act of the New African Union

Cited by 30 publications

References 19 publications

The UN Security Council and the Maintenance of Peace in a Changing World

The UN Security Council and the Maintenance of Peace in a Changing World

Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis

MILINDA: A new dataset on United Nations-led and non-united Nations-led peace operations

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