The core research question is: how does intelligence and security services of Member States to the AU and established regional and continental security intelligence organisations collectively contribute to the implementation of the APSA? The study empirically reconstructs – descriptively, functionally and analytically – the mechanisms, magnitude and processes of intelligence cooperation at the regional and continental level within the framework of the APSA. In line with the above, the study answers these research questions: i. What are the contributions of the CEWS, as a form of open-source intelligence outfit, to the APSA? ii. What are the roles and contributions of CISSA to the AUC with particular reference to the APSA? iii. How does the Nouakchott and the Djibouti Processes contribute to implementing the APSA? Acknowledging that intelligence cooperation is strategically poised, the interest of this study is directed towards identifying, examining and evaluating established institutions and frameworks and their respective processes of intelligence cooperation. Thus, the study looks at the contribution of security intelligence towards the implementation of the African Peace and Security Architecture (APSA) of the African Union (AU), and the thesis is divided into seven chapters. Chapter 1 introduces the study and outlines the research problem, methodology, sources and materials. The second chapter provides an overview of the academic debates around intelligence cooperation. The third chapter empirically reconstructs the configurations of the APSA and conceptualise the function and service roles of each pillar in a descriptive, functional and analytical lens. Chapter 4 reconstructs the operationalisation and institutionalisation of the Continental Early Warning System (CEWS) and further examine its methodology and how it aligns early warning to decision making and early action. Chapter 5 examined the roles and contributions of the Committee of Intelligence and Security Services of Africa (CISSA) to the African Union Commission (AUC) with particular reference to the APSA. Chapter 6 provides extensive analysis and reconstruction of the operationalisation of the APSA through intelligence cooperation in the Sahelo-Saharan, East and Horn of Africa regions through the Nouakchott Process and the Djibouti Process, respectively, and the last chapter concludes the study by synopsising and reflecting on the research questions and outlining the significant contributions of the study.:Acknowledgements ii List of Figures viii List of Abbreviations ix Chapter One 1 Introduction and Overview of the Study 1 1.1 Introduction 1 1.2 State of the art 3 1.2.1 Global Intelligence Services 3 1.2.2 Intelligence Services in Africa 9 1.2.3 Intelligence Cooperation and the AU 11 1.3 Research Question 14 1.4 Research Design 15 1.4.1 Methodology 17 1.4.2 Methods 18 1.4.3 Sources and Materials 20 1.5 Organization of the thesis 21 Chapter Two 24 Intelligence Cooperation in International and Regional Organisations 24 2.1 Introduction 24 2.2 Intelligence Cooperation in International Organisations 25 2.3 Intelligence Cooperation in Regional Organisations 35 2.4 Intelligence Cooperation Typologies 44 2.5 Intelligence Cooperation Methodologies 47 2.6 Chapter Summary 49 Chapter Three 51 The African Peace and Security Architecture 51 3.1 Introduction 51 3.2 Structure of the APSA 52 3.2.1 Peace and Security Council 55 3.2.2 Panel of the Wise 60 3.2.3 Continental Early Warning System 67 3.2.4 African Standby Force 68 3.2.5 Peace Fund 73 3.3 APSA’s Strategic Priorities 75 3.4 APSA and RECs 80 3.5 Chapter Summary 84 Chapter Four 87 The CEWS, Intelligence cooperation and the APSA 87 4.1 Introduction 87 4.2 Intelligence Cooperation, Early Warning and the OAU 90 4.3 The PSC Protocol and the CEWS 97 4.4 The Operationalisation of the CEWS 100 4.5 The Institutionalisation of the CEWS 107 4.5.1 The Situation Room 107 4.5.2 The African Media Monitor 109 4.5.3 Africa Reporter 110 4.5.4 Africa Prospects 111 4.5.5 Indicators and Profile Module 111 4.5.6 The CEWS Portal 112 4.5 The CEWS Methodology 113 4.5.1 Information Collection and Monitoring 113 4.5.2 Conflict and Cooperation Analysis 118 4.5.3 Formulation of Options 121 4.5.4 Responses 123 4.6 Early Warning, Decision Making and Early Action 124 4.7 The CEWS and RECs 131 4.8 The CEWS and other Early Warning Mechanisms 134 4.8.1 Continental Structural Conflict Prevention Framework 135 4.8.2 African Peer Review Mechanism and Conflict Prevention 137 4.8.3 Horizon Scanning 139 4.9 Challenges to the CEWS 140 4.10 The Evolution and Future of the CEWS 146 4.11 Chapter Summary 149 Chapter Five 153 Committee of Intelligence and Security Services of Africa and the APSA 153 5.1 Introduction 153 5.2 Genesis 154 5.3 Mandate, Vision and Mission 157 5.4 Objectives 157 5.5 Principles 162 5.6 Functions 163 5.7 Structures of CISSA and their Functions 164 5.7.1 The Conference 164 5.7.2 Panel of Experts 178 5.7.3 Bureau of the CISSA Conference 179 5.7.4 The CISSA Regions 180 5.7.5 Troika 182 5.7.6 The Secretariat 182 5.7.7 Specialised Technical Committees 187 5.8. Relationship between CISSA and the AU 188 5.9 The Intelligence and Security Committee \ CISSA Liaison Unit 189 5.10 CISSA and Regional Security Intelligence Institutions 196 5.11 Challenges to the performance of CISSA 198 5.12 Chapter Summary 210 Chapter Six 213 Intelligence Cooperation in the Nouakchott and Djibouti Processes, 2013-2021 213 6.1 Introduction 213 6.2 The Nouakchott Process 216 6.2.1 Genesis 216 6.2.2 Inauguration 219 6.2.3 Implementation of the Nouakchott Conclusions 228 6.2.4 The Nouakchott Declaration 233 6.2.5 The Nouakchott Process vis-à-vis other Regional Frameworks 236 6.2.6 Post-declaration, Challenges and Prospect 237 6.3 The Djibouti Process 245 6.3.1 Background 245 6.3.2 Rationale 246 6.3.3 Establishment 247 6.3.4 Implementation Meetings 252 6.4 The Nouakchott and the Djibouti Processes 257 6.4.1 Joint Meeting 257 6.4.2 Points for Action 259 6.5 Past for the future in the present 261 6.6 Influence and Power Contestations 265 6.7 Chapter Summary 273 Chapter Seven 275 Conclusion 275 7.1 Introduction 275 7.2 Summary of key arguments 276 7.3 Contributions and suggestions for future research 286 8. References 293 8.1 Sources 293 8.2 Literature 303 8.3 Interviews 337 Assurance 338

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015

The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015

The purpose of this study is to determine the extent to which existing law could provide a legal basis for the protection of cross-border, climate change displaced persons, with a particular focus on Southern Africa. Before such an analysis can be made, however, it is important first to determine what climate change displacement exactly implies. By means of integrating and refining existing legal terminology and ideas the study attempts to disentangle the international contention on the subject and proposes that individuals who are forced from their countries of habitual residence as a reaction primarily to climatic push factors which pose an existential threat to their right to life are most in need of protection and may be referred to as cross-border climate change displaced persons. As climate change displacement is expected to occur primarily on the sub-regional geopolitical level of governance, the inclusion of regional, AU, and sub-regional, SADC, elements is important for the practical feasibility of this study. Southern Africa's particular vulnerability to the effects of climate change, making the advent of large numbers of climate change displaced persons in the area a reasonable prediction for the future, further justifies this study's chosen scope. After analysing the different legal branches of refugee law, human rights law and environmental law for each geopolitical level of governance referred to, this study concludes that: While there are several potential provisions in law that could provide protection to persons displaced by climate change, a sufficient protection framework can be derived only from the composite characteristics of different branches of law. Therefore, it is recommended that a matrix approach is followed when providing legal protection to climate change displaced persons. Because different fields of law provide more prominent protection in different spheres of governance, it is also recommended that the configuration of a legal protection matrix be adjustable to particular circumstances. It is therefore suggested that a legal protection mechanism is developed for each geopolitical sphere, and that different mechanisms are coordinated internationally. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

Global demand for peacekeeping is growing, especially in Africa. The United Nations has traditionally been at the forefront of developing peacekeeping theory and practice, and remains the primary operational agency for peacekeeping in Africa. But increasing emphasis is being placed on the African Union to assume greater responsibility for peacekeeping on the continent. The AU is still comparatively new and is in the process of developing its peace and security architecture. Over the past decade, the international community has been supporting African peacekeeping, both to build AU capacity and to provide direct operational support. In 2005 the international community agreed a collective 'responsibility to protect' vulnerable civilians threatened by gross violations of their human rights. And civilian protection is increasingly included in the mandates of peacekeeping missions. Within the context of contemporary complex, multidimensional peacekeeping ('peace support'), civilian protection is not an exclusive operational objective, but is rather one of a number of mandated tasks aimed at establishing more sustainable security as part of a broader peacebuilding goal. The AU has embraced the responsibility to protect principle, adopting a constitutional commitment to protect the rights of vulnerable civilians, including through peacekeeping interventions if necessary. But how capable is the AU in practice to deliver effective peacekeeping to protect civilians? And how appropriate is international support to help realise this ambition?

At its core, this research project is a revision of how we conceptualise the role of international organisations. The concept of role is often invoked International Relations when discussing the function of institutions like the African Peace and Security Architecture (APSA), but its full meaning in this context has never been problematised, leading to varying perceptions of its meaning and a lack of common understanding in the discourse. In the case of the APSA, this lack of common understanding has led to a wide variance in how the role of the APSA is categorised, and a corresponding discrepancy in assessments of the institution’s success and utility, which has had a knock-on effect on policy recommendations, which also differ wildly from author to author. This thesis devises technical definitions for the various ways in which the word role is utilised in International Relations and related fields, and in so doing, aims to standardise our understanding of the role of institutions, using the APSA as a case study. After developing a new technical definition of role based on Role Theory, the thesis develops a research programme which sets out to investigate the true role of the APSA, based on an examination of how the APSA’s role has been shaped by key limiting and enabling factors, and how this role is shaped and influenced, and directed; all the while highlighting how it differs from the organisation’s stated role, and scholarly perceptions of that role.

Thesis (MA)--Stellenbosch University, 2011. / ENGLISH ABSTRACT: Somalia continues to intrigue scholars and policy-makers around the world, due to the fact that it is enduring what few others have, total state collapse. Not only does the situation defy easy explanation, the degree of state failure is unprecedented. After more than two decades without a functioning central authority, Somalia is now the longest-running instance of state collapse in postcolonial history. While researching and understanding state weakness and state failure is critical, it is useless unless combined with devising ways to prevent state failure in the future. Somalia provides policy makers with a unique opportunity to study the consequences of state collapse. Understanding the complex dynamics of state weakness and state collapse could ultimately help save the lives of thousands of people on the African continent. This study focuses on the mechanisms of coping by analysing the actors who have stepped up to fill the political vacuum left behind by the collapsing state. The role played by both state and non-state actors will be explored throughout this study. As it is not possible to address every actor who has played a part in Somalia since the implosion of the state in 1991, only the three most important internal and external actors will be analysed. The role played by the United Nations (UN) and the African Union (AU) will be discussed at length. The contributions made by neighbouring country Ethiopia, will also be investigated. Although the contributions and the impact of these external actors have in some instances led to undesired results, it does not change the fact that these actors attempted to fill the void in Somalia. Non-state actors positions within Somalia will also be examined in detailed. These actors include regional authorities, the role of Al-Shabaab, as well as the Islamic Courts Union. The study does not excuse the behaviour of these actors but rather discusses the rise of these organizations in light of the collapsing state and the position which they have taken up in Somalia to fill the political void. Lastly the role of the “Somali coast guards” also known as the Somali pirates, will be discussed.ipti / AFRIKAANSE OPSOMMING: Somalië bly die brandpunt van belangstelling vir geleerdes en beleidmakers dwarsoor die wêreld. Die hoofrede hiervoor is dat hierdie land ervaar het wat min ander lande het, naamlik algehele ineenstorting van die staat en bestuur. ‘n Maklike verduideliking of vereenvoudiging van die situasie is daar nie, want die ongeëwenaarde ineenstorting van stuktuur en staat, van Somalië is uniek. Twee dekades later is hierdie land nogsteeds sonder ‘n funksioneerende gesetelde staatsgesag. Hierdie tydperk is die langste voorbeeld van staatsineenstorting sonder herstel in post-koloniale geskiedenis. Navorsing en insig in elke staat se inherente swakhede en probleme help om mislukte bestuur te voorspel en te voorkom. Hierdie inligting moet korrek geimplimenteer en geinterpreteer word om krissise en mislukkings binne staatsbestel te verhoed. Somalië bied beleidmakers ‘n unieke geleentheid om die gevolge van totale staatsineenstorting te bestudeer en daaruit te leer. Net deur middel van begrip vir die komplekse dinamika van ‘n staat wat ineenstort en deur wanbestuur verswak word, sal daar uikoms vir duisende mense op hierdie vasteland kom. Sodoende sal ontelbare lewens in Afrika gered kan word. Hierdie studie analiseer die tegnieke van aanpassing, gebruik deur die rolspelers wat die politieke vakuum vul, wat deur die staatineenstorting nagelaat is. Die ondersoek fokus ook op die impak en effekte van beide interne en eksterne rolspelers. Aangesien dit onmoontlik is om die aandeel wat elke rolspeler sedert die ineenstorting van Somalië in 1991 gehad het te bestudeer, word net die drie belangrikste interne en eksterne rolspelers bespreek. Die Verenigde Nasies (VN), Afrika Unie (AU) en die buurland Ethiopië se bydraes sal ondersoek word. Alhoewel die bydraes en insette van hierdie eksterne rolspelers soms tot ongewenste resultate gelei het, bly die feit staan dat hulle probeer het om die leemtes in Somalië te vul. Ander belangrike rolspelers wat nie deel van die plaaslike regering is nie, sal ook in diepte bespreek word. Hierdie invloede binne Somalië sluit streeksowerhede in, asook die rol van Al Shabaab en die Islamitiese Howe Unie. Die studie verskoon nie die gedrag van die rolspelers nie, maar bespreek eerder die opkoms van hierdie organisasies. Dit word alles gesien in die lig van die ineenstorting van die staat en die posisie wat hulle in Somalië geneem het om mag te bekom en die politieke leemte te vul. Ten slotte word die omstrede rol van die "Somaliese kuswagte", anders bekend as Somaliese seerowers, bespreek.

This research makes use of a Constructivist approach to norm development, in particular the concept of the norm life cycle, to assess the emergence and development of the responsibility to protect as a norm in international society in relation to the conduct of interventions on humanitarian grounds. This study finds that the responsibility to protect emerged relatively rapidly in international society as a norm relevant to the formulation and implementation of international responses to conflict situations characterised by the commission of atrocity crimes. Indeed, between 2001 and 2010, this study finds that the responsibility to protect norm became codified and entrenched in international organisation, and could therefore have been expected to influence state behaviour, and the discourse surrounding that behaviour, in relation to the conduct of interventions on humanitarian grounds. However, through an assessment of the application of the norm through the United Nations and the African Union to the conflicts in the Darfur region of Sudan from 2003 onwards, the study finds that the norm, while featuring relatively prominently in discourse surrounding Darfur between 2007 and 2008 in the United Nations, appears to have receded thereafter, disappearing from discourse by 2009 altogether, and appears not to have been useful to the attainment of its content goal, namely preventing or halting the commission of atrocity crimes, in the case of Darfur. Indeed, the norm may even have contributed to complicating, as opposed to facilitating, international engagement on Darfur. This study explores the apparent contradiction between the emergence and entrenchment of the responsibility to protect norm in international society at the same time as the norm appears to have increasingly faded from discourse surrounding international responses to the conflicts in Darfur, and assesses the implications of this both for the future development and utility of the norm, as well as for future responses to conflicts characterised by atrocity crimes on the African continent.

<p>In this mini-thesis, I explore the New Partnership for Africa&rsquo / s Development&rsquo / s (NEPAD) Economic and Corporate Governance Initiative (ECGI). I argue that although this initiative is not the only means to, nor the end of determining whether the NEPAD is being implemented, the ECGI can be used as a good indicator of whether one important dimension of the NEPAD is implemented. I establish whether, through an analysis of the ECGI, that dimension of the NEPAD is being implemented by looking at the countries where the ECGI was implemented. I maintain the position that through the NEPAD, good governance in African countries is promoted and that is why the authors of the NEPAD document created the ECGI.</p>