Almost four decades of decolonisation and independence of sub-Saharan Africa have been characterised by inter-state and intra-state conflict situations, denying the continent stability and development. The study critically examines the evolution of a vision for collaboration and cooperation on peace and security in the interface between the African Union and the United Nations. The post Cold War period allowed the institutionalisation of peace and security cooperation between the UN and regional organizations, in particular the AU. The analysis argues that regional stability has been elevated into one of the key indicators of possible threats to international peace and that regionalism recognised as a necessary component of multilateralism in maintaining peace and security in the world. The UN Security Council and the AU Peace and Security Council have developed a structured relationship that ensures information exchange on issues on common concern. Africa is assuming responsibility ad ownership of its peace and security problems by seeking to find solutions in partnership. The complementarity and comparative advantage of the two organizations has contributed to the emerging continental stability, state institution building, governance structures and African Peace and Security Architecture. The 2000 AU Constitutive Act and the 2002 AU Peace and Security Protocol had purposefully entrenched collaboration with the United Nations on peace and security. The signing of the 2006 Declaration Enhancing UN-AU Cooperation provides the framework and compass for building the AU capacity and access to resources. The evolving peace and security cooperation is not an easy matter as African leadership seeks to convince the international community, especially the UNSC, not to be indifferent to Africa’s perennial prevalence of conflicts. AU and UN peace and security cooperation is in its infancy, African leadership political will is the key to its consolidation. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2012. / Political Sciences / unrestricted

The purpose of this study is to ascertain what role multilateral diplomacy has played in building and operationalising the AU, and whether it is likely to continue to consolidate the Union and, as a corollary, Africa’s socio-economic and political renewal. In this way the dissertation analyses both the role of multilateral diplomacy already utilised and the future prospects for diplomacy to entrench the Union’s organs and programmes. As most of the primary organs of the AU were established during the period 2000-2004, the diplomatic substance and process, which was predominantly multilateral in form during that period, is examined. The study attempts to provide explanations and offer recommendations for diplomatic behaviour by African states within the continental organisation, and the AU within the international context. Rationalist as well as constructivist international relations theory is used as a conceptual framework in order to examine diplomatic relations aimed at promoting issues of security, power and survival of the state, as well as ideas related to political economy, international cooperation and the environment, and international institution building. The diplomacy already utilised in the creation of the AU’s primary organs was predominantly focused on procedural issues, conducted by means of African multilateralism such as regional bloc diplomacy and personal diplomacy by African Heads of State and Government. The necessity to include other, non-state actors in the AU consolidation process is also evident. Prioritising the Union’s policy objectives under economic development and integration; continental good governance; and the popularisation of the AU, the study postulates that future African diplomacy will probably continue to be regionally driven, economic and public in nature and focused on making tangible progress. With the institutional infrastructure in place, the need for multilateral diplomacy to be geared towards implementation of AU commitments is emphasised. Multilateral diplomacy is likely to prevail in AU diplomatic practice both in terms of substance and procedure and will need to focus on addressing the enormous challenges faced by the continent including eradicating poverty and underdevelopment, ensuring peace, security and stability and combating HIV and AIDS, amongst others. The AU needs to use multilateral diplomacy, not exclusively but in conjunction with other forms of diplomacy, to effectively and efficiently implement its commitments and programmes for the tangible benefit of the ordinary African citizen. Only then will the AU be deemed credible in the eyes of its people and the rest of the world. Copyright / Dissertation (MDIPS)--University of Pretoria, 2009. / Political Sciences / unrestricted

This mini-dissertation examines the role of the United Nations, the African Union and the three relevant sub-regional organizations namely the Southern African Development Community (SADC), the Economic Community of Central African States (ECCAS) and the International Conference on the Great Lakes Region (ICGLR) in the post-conflict period in the Democratic Republic of Congo (DRC). These organizations played a threefold role based on the monitoring, intervention and assistance regarding the reconciliation and reconstruction process. To some extent, their strategies contributed to activate the reconstruction and the reconciliation process after nearly a decade of instability caused by the war in the country. However, in spite of the combined efforts of these actors, the conflict persists and continues to take innocent human lives, leaving the survivors affected by hostilities and violations of human rights that they have experienced. The study sets out the political situation in the DRC during the conflict, then analyzes the resurgence of the conflict beyond the ceasefire and later explores the role played by each actor relatively to its mandate after the free and democratic elections of 2006, which mark the starting point of the reconstruction and reconciliation process. In analyzing these interventions, the study refers to the protocols, objectives and results of each organization. From this perspective, the study argues that each conflict has its realities and does not necessarily comply with the standard solution (negotiations and military interventions). As for the DRC, this approach has not provided the expected solutions. The nature of the conflict, the history of the DRC and the Congolese people is new to the different organizations and impacts considerably on the way they perceive and deal with the situation. The study found that each of the international organizations is mandated, in one way or another, to deal with issues such as those rose in the DRC post-conflict period namely rapes, outrageous criminality. Yet, none of the organizations reached the results envisaged by its statute. Taking the best from each other, these organizations need complementarity when addressing the reconstruction and reconciliation in the DRC post-conflict period. Therefore, these multiple agents fit together to address the challenges in the DRC post-conflict period. The study also emphasizes that initiation of tolerance showed through civilian reconciliation constitutes a prerequisite to any possible and durable peace in the country. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

"By promoting and defending human rights and freedoms, by promoting the participation of African civil society in the implementation of the policies and programmes of the African Union (AU), and by forging greater partnership between social and professional groups and governments, the Economic, Social and Cultural Council (ECOSOCC) will play a critical role in the promotion and protection of human rights in Africa. However, it is far from clear how this important organ is related to human rights organs of the AU which includes the African Commission on Human and Peoples' Rights (the African Commission), the African Court on Human and Peoples' Rights (the African Court) and the African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). How can effective relationships between ECOSOCC on the one hand, and these human rights organs on the other, be achieved for the realisation of the human rights mandate of ECOSOCC? ... The essay comprises five chapters. Chapter one is [an] introduction and begins by posing the research question and the justification for the research. Chapter two gives the introduction of ECOSOCC, its background, structure and mandates and looks into the satutes of ECOSOCC, its draft rules of procedure and its strategic plan for the years 2005-2007. Chapter three makes a comparative analysis with other regional human rights sytems, namely the Council of Europe and the Organisation of American States as a point of inspiration for the African system. Under chapter four, the research discusses and analyses the possible relationships and coordinative mechanisms ECOSOCC can create with the human rights organs of the African Union in order to fulfil its human rights mandate. Chapter five makes a conclusion and concrete recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Alejandro Lorite Escorihuela at the Faculty of Law, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Magister Legum - LLM / This mini thesis examines the repercussions of the establishment of institutions under the Tripartite Free Trade Area (TFTA) Agreement on countries that have multiple regional economic community (REC) memberships. The study notes that even though the TFTA initiative is being touted as a major milestone towards the ultimate establishment of the African economic Community (AEC) and that it will help solve problems associated with multiple REC memberships, the initiative may come at a cost to countries, especially those that have maintained multiple REC memberships. The study observes that the institutions that have been established under the TFTA are a mirror reflection of the already existing institutions in the three existing regional blocks forming the TFTA, thus the Common Market for Eastern and Southern Africa (COMESA), East African Community (EAC) and the Southern Africa Development Community (SADC). The mini thesis argues that the creation of new TFTA institutions, in addition to the similar existing regional institutions, will translate into more financial costs; increased human resource cost for government officers; increase in non-financial treaty related obligations; and a high possibility of reaping fewer trade related gains, for countries that have multiple REC memberships. The mini thesis further demonstrates how the lack of clarity and hierarchy in the relationship between the TFTA institutions and the RECs’ institutions may negatively impact on countries that have multiple REC memberships. The mini thesis concludes by offering recommendations on how these challenges or costs on countries with multiple REC memberships can be addressed or ameliorated. / Government of Malawi

In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU’s strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the “right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity”. The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty’s report “The Responsibility to Protect” introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h). / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / Unrestricted

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

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 study deals with two aspects of international law. The first is ‘immunity of state officials’ and the second is ‘prosecution of international crimes.’ Immunity is discussed in the context of international crimes. The study focuses on Africa because African state officials have become subjects of international criminal justice before international courts and various national courts both in Europe and Africa. It presents a new contribution to international criminal justice in Africa by examining the practice on prosecution of international crimes in eleven African states: South Africa; Kenya; Senegal; Ethiopia; Burundi; Rwanda; DRC; Congo; Niger; Burkina Faso and Uganda. The study concludes that immunity of state officials has been outlawed in these states thereby rendering state officials amenable to criminal prosecution for international crimes. The thesis argues that although immunity is founded under customary international law, it does not prevail over international law jus cogens on the prosecution of international crimes because such jus cogens trumps immunity. It is argued that, committing international crimes cannot qualify as acts performed in official capacity for the purpose of upholding immunity of state officials. In principle, customary international law outlaws functional immunity in respect of international crimes. Hence, in relation to international crimes, state officials cannot benefit from immunity from prosecution or subpoenas. Further, the study criticises the African Union’s opposition to the prosecutions before the International Criminal Court (ICC). It argues that however strong it may be, such opposition is unfounded in international law and is motivated by African solidarity to weaken the role of the ICC in Africa. It concludes that the decisions taken by the African Union not to cooperate with the ICC are geared towards breaching international obligations on cooperation with the ICC. The study calls upon African states to respect their obligations under the Rome Statute and customary international law. It recommends that African states should cooperate with the ICC in the investigations and prosecution of persons responsible for international crimes in Africa. At international level, the study reveals the conflicting jurisprudence of international courts on subpoenas against state officials. It argues that, state officials are not immune from being subpoenaed to testify or adduce evidence before international courts. It contends that issuing subpoenas to state officials ensures fairness and equality of arms in the prosecution of international crimes. It recommends that international courts should treat state officials equally regarding prosecution and subpoenas. It further recommends that African states should respect their obligations arising from the Rome Statute and that, immunity should not be used to develop a culture of impunity for international crimes committed in Africa. / Thesis (LLD)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted