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When African states were under colonisation, the colonial masters violated the rights of the African people &ndash / men, women and children- with impunity. The protection and promotion of human rights was, however, not high on the agenda of African countries at independence. This is reflected in the 1963 Charter of the Organisation of African Unity, which does not accord the promotion and protection of human rights the status they deserve. The preamble to the OAU Charter states that the states are to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights. It is against that background, that many African states violated human rights in the immediate post-independence era and continue to do so.<br /> More recently, African countries have taken steps to follow the world trends of the promotion and protection human rights. This has resulted in the adoption of the African Charter on Human and Peoples&rsquo / Rights (that has mechanisms of ensuring that human rights are promoted and protected in Africa), the desire to establish the African Court on Human and Peoples&rsquo / Rights, the adoption of the African Charter on the Rights and Welfare of the Child, the Grand Bay Declaration, the Protocol on the Rights of Women, and the adoption of the Constitutive Act of the African Union. The Constitutive Act of the African Union emphasises the protection and promotion of human rights.<br /> <br /> However, one scholar has doubts whether by adopting the Constitutive Act of the African Union African leaders were genuinely committed to the protection and promotion of human rights and he is of the view that the &lsquo / treaty could actually provide a cover for Africa&rsquo / s celebrated dictators to continue to perpetrate human rights abuses.&rsquo / <br /> <br /> Torture continues to feature as a serious human rights violation in Africa. This explains why during its 32nd ordinary session held in Banjul, The Gambia, the African Commission on Human and Peoples&rsquo / Rights (the African Commission) resolved to adopt the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines (RIG)). This is a new development in Africa aiming at &lsquo / operationalising&rsquo / article 5 of the African Charter. The RIG are phrased in a seemingly ambitious language but their implementation by the African States remains doubtful because they are not legally binding. This has to be viewed in the light of the fact that many African countries are States Parties to major regional and international human rights instruments but human rights violations still persist.

According to joint doctrine, winning the nation's wars is the primary purpose of the armed forces. It is the foundation of joint professional military education and training, forming the basis for how the warfighter will prosecute a war, and is a reflection of the judgments of senior military leadership. The joint and Service warfighting doctrine of the 1940s and 1950s contained two aspects of war that are not reflected in current joint doctrine. Combat now spans both war and "not war" in the new "military operation other than war", and the process of the military government has been completely replaced by the new "civil administration". This two-part redefinition of war has created a new joint doctrine that is confusing, overlapping, compartmentalized, and incomprehensible, which has in part resulted in the many military failures in the decades since World War II. In general, the second tenet of the Just War Theory dictates that the weak must be protected throughout the war effort. International law of occupation states that certain functions and institutions of the defeated nation must be restored by the occupying power. The military government, such as those found in past wars administered by the U.S. armed forces, is the vehicle to insure the war is prosecuted justly and done so in a manner that will also win the peace. This thesis recommends a return to a holistic continuum of war in two phases - formal hostilities and the post-formal transition to peace - that adheres to international law, incorporates all combat as "formal hostilities", is independent of size or scope, and that requires the armed forces to win the peace as they have successfully done in the past.

This thesis examines the theory and practice of humanitarian intervention in the modern states system. Humanitarian intervention is defined as the use of military force across state boundaries, against the wishes of the target government, to protect the people from intolerable misrule and grave abuses of human rights. The aim of this thesis is to examine the problem of humanitarian intervention from the perspective of international society. This thesis is divided into two parts. Part One defines the concept, considers the historical and intellectual milieu in which the idea emerged and evolved, and examines the different grounds upon which states have justified a right of intervention. Part Two considers the implications for international society. International society exists when states have shared rules, values, and a mutual concern for order. Three primary arguments are made in Part Two: (1) Humanitarian intervention can co-exist with the rules of state sovereignty, non-intervention, and limitations on the use of force; (2) Humanitarian intervention has performed the historic function of expanding the values of international society; (3) Practised under the right circumstances, it can help promote international order rather than subvert it. As this thesis demonstrates, a more in-depth understanding of how past theorists and practitioners of humanitarian intervention have approached the problem can enrich the current discussion.

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Since the establishment of the National Human Rights Commission (“NHRC”) of Nigeria, high expectations that the commission will ensure effective protection of human rights have dwindled due to pervasive human rights violations. Of great concern is that the security agencies in Nigeria, particularly the police who are empowered under the law to ensure obedience to law and order, often engage in unlawful arrest and detention. This thesis offers a comparative legal analysis of human rights norms and institutions in Nigeria and Canada, with a particular focus on the issue of unlawful arrest and detention. It argues that NHRCs have been unable to effectively address unlawful arrests and detentions by the Nigeria police, and that Nigeria can borrow from Canada’s human rights system to improve her human rights institutions and practices, especially with regard to arrest and detention. It also offers recommendations from the lessons drawn from Canada’s human rights system. / May 2016

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Source: Dissertation Abstracts International, Volume: 40-09, Section: A, page: 5176. / Thesis (Ph.D.)--The Florida State University, 1979.