This thesis examines the Peace and Security Council (PSC) of the African Union (AU) in light of the continental challenges of peace and security. It explores the prospects for the success of the PSC in its endeavours. The study’s central argument is that the PSC’s ability to successfully tackle peace and security challenges depends greatly on the cooperation of the fifteen members of the PSC as well as between the fifty-three African Union members and the international community at large, including the United Nations. This hypothesis is backed by the argument that although the PSC may be a practical translation of the theoretical statement that ‘African problems need African solutions’, the reality is that the PSC cannot achieve such an ambitious objective alone. The PSC’s enthusiasm should be bolstered by the requisite assistance from the international arena. The international community, especially the major players or countries in the international political spectrum, are challenged to work together with the PSC in its quest for African peace and security. The members of the international community are called upon to discontinue their parallel peace and security initiatives in Africa in favour of supporting and strengthening the PSC’s ongoing initiatives. Another critical point raised in the study is that the UN’s brief to cultivate world peace and security obliges it to buttress the PSC’s initiatives, the home-grown regional solutions to Africa’s inherent peace and security challenges. This support should include the UN’s engagement at all levels with the newly created African Peace and Security Architecture (APSA). Indeed, the moral challenge for the international community is to support Africa’s already demonstrated political will with the necessary assistance. This study advocates political and economic cooperation, resource mobilisation and provision of the relevant expertise. The validity of the study’s hypothesis has been tested and confirmed by means of a deeper inquiry into the PSC’s normal business conduct, and a comparative analysis of the case studies relating to the PSC’s interventions in Burundi and in Sudan’s Darfur region. This study of those interventions has illuminated the PSC’s opportunities and challenges: on the one hand, it has revealed that the PSC’s authority and legitimacy are not challenged, at least in Africa. On the other hand, however, it has lent support to the thesis that the PSC cannot go it alone - a conclusion that has encouraged the entire AU to find ways of challenging the UN to own up to its obligations. The PSC has made noteworthy strides in assisting to streamline and coordinate the support and engagement it receives from the international community. The major limitation of the study is that it was conducted before other PSC support structures (the African Standby Force and the Continental Early Warning System) were fully operational. The study thus could not assess the full potential of the PSC. Nonetheless, the study has sought to identify potential or latent challenges which could hamper the PSC’s success, whether its support structures are fully operational or not. In the end, the study recommends greater coordination and cooperation between the PSC and major international actors including the UN. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

Thesis (doctoral)--Universität Hannover, 2006. / Includes bibliographical references (p. 259-276).

A busca pela pacificação da África pode ser considerada como um dos principais desafios encontrados pelos países africanos no imediato pós-independência. Em certa medida, romper com guerras civis e garantir a estabilidade continental foram se tornando algumas das principais preocupações das lideranças africanas. Reflexo disso pode ser encontrado nas várias iniciativas propriamente africanas criadas no continente no período pós-colonial visando à estabilidade e à promoção do desenvolvimento econômico e social do continente. Nesse sentido, o presente trabalho busca compreender a evolução da Arquitetura Africana de Paz e Segurança (AAPS) desde a criação da Organização da Unidade Africana (OUA), em 1963 – primeiro mecanismo africano de segurança –, até os dias atuais, com foco na Autoridade Intergovernamental para o Desenvolvimento (IGAD) na estabilização do Chifre da África. / The search for the pacification of Africa may be considered as one of the main challenges found by African countries in the post-independence immediate period. To some extent, to break off civil wars and guarantee continentall estability increasingly became a major concern of African leaderships. The impact of this can be found in several truly African initiatives created in the post-colonial period, aiming to ensure stabilty and promotion of economic and social development on the continent. In this sense, this work seeks to comprehend the evolution of the African Architecture of Peace and Security (AAPS) since the creation of the Organization of the African Unity in 1963 - first African security mechanism - up to this day, focusing in the Intergovernmental Authority on Development (IGAD) in the estabilisation of the Horn of Africa.

A busca pela pacificação da África pode ser considerada como um dos principais desafios encontrados pelos países africanos no imediato pós-independência. Em certa medida, romper com guerras civis e garantir a estabilidade continental foram se tornando algumas das principais preocupações das lideranças africanas. Reflexo disso pode ser encontrado nas várias iniciativas propriamente africanas criadas no continente no período pós-colonial visando à estabilidade e à promoção do desenvolvimento econômico e social do continente. Nesse sentido, o presente trabalho busca compreender a evolução da Arquitetura Africana de Paz e Segurança (AAPS) desde a criação da Organização da Unidade Africana (OUA), em 1963 – primeiro mecanismo africano de segurança –, até os dias atuais, com foco na Autoridade Intergovernamental para o Desenvolvimento (IGAD) na estabilização do Chifre da África. / The search for the pacification of Africa may be considered as one of the main challenges found by African countries in the post-independence immediate period. To some extent, to break off civil wars and guarantee continentall estability increasingly became a major concern of African leaderships. The impact of this can be found in several truly African initiatives created in the post-colonial period, aiming to ensure stabilty and promotion of economic and social development on the continent. In this sense, this work seeks to comprehend the evolution of the African Architecture of Peace and Security (AAPS) since the creation of the Organization of the African Unity in 1963 - first African security mechanism - up to this day, focusing in the Intergovernmental Authority on Development (IGAD) in the estabilisation of the Horn of Africa.

Doctor Legum - LLD / The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and willingness to prosecute offenders’ remains in doubt. As a result, in the past decade or so, non-African states have sought to institute proceedings against African leaders accused of perpetrating international customary law crimes. These attempts have taken two distinct formats, the first being the use of Universal Jurisdiction {UJ), and the second being the attempts by the International Criminal Court {ICC) to indict and prosecute African leaders. The African Union {AU) has vehemently opposed both these attempts on the grounds that they are inspired by neo-colonial thinking that is aimed at stifling peace and reconciliation efforts on the continent.Proponents of UJ argue that this principle is fundamental to international justice and the global fight to end impunity for international crimes. UJ allows a state to exercise jurisdiction over crimes committed outside its territory and for which the normal jurisdictional links of nationality and passive personality do not exist. Although the concept of UJ has been part of international law for quite some time, its relevance today has been questioned by national courts and international judicial bodies. Its recent usage by both Belgian and French courts, as well as by international tribunals, such as the ICC, has attracted sharp criticism from many African states. Given that African states constitute the biggest block of signatory states to the Rome Statute, their voice cannot be ignored. Their principal concern is that the ICC is unfairly targeting African leaders for prosecution. The negative sentiment is also evidenced by some African leaders' deliberate refusal to comply with ICC requests or to cooperate in cases where warrants of arrest have been issued against African leaders, such as in the case of the Sudanese President, Omar Al Bashir, and the present prosecution of the Kenyan President, Uhuru Kenyatta and his deputy, William Ruto. Given the aversion shown by African states to ICC prosecution of state leaders, and attempts by some non-African states to resort to UJ in order to try African leaders, the question is whether African states themselves have a solution to the problem of impunity on the continent? The answer might lie, partly, in the age old concept of UJ, where individual African states might be able to exercise jurisdiction over the international crimes of genocide, war crimes and crimes against humanity. It might also lie in the ability and willingness of African states to strengthen the Continent’s own, regional institutions by setting up an African international criminal tribunal, or strengthening an existing one to deal with these issues. It therefore becomes important to assess what the African standpoint on UJ is, as against what the practical realities are. In other words, what continental or regional institutions exist to combat impunity for international crimes: what do states do in fact?

Africa is facing many challenges which range from underdevelopment to high poverty levels. Although Africa is richly endowed with natural resources, the continent continues to be a source of raw material for the North. This state of affairs cannot be allowed to continue indefinitely. The high level of debt owed to multilateral organisations compounds the challenge by limiting investment inflows. Through the New Partnership for Africa's Development (NEPAD), the African Union (AU) has the potential to stimulate growth and development on the continent in pursuit of the attainment of the Millennium Development Goals (MDGs). Undoubtedly, the African Union’s NEPAD faces many challenges itself. The benefits of the multilateral trade regime will only become freely available if factors such as the negative multiplier effects associated with the accomplishment of the ideal of African integration and market access, could be mitigated. The success of NEPAD is not a given for Africa and necessitates visionary leadership. It has to be earned and as a matter of course will involve some sacrifices. Africa will have to mobilise intra-continental investment to leverage Foreign Direct Investment (FDI). The point of departure of this research study is that the NEPAD initiative is an African programme which must be led by Africans themselves, especially the intelligentsia. The Africans in the diaspora also constitute a valuable source of capacity to implement NEPAD. NEPAD promotes the participation of Africa in global affairs in pursuit of the African Renaissance. It is imperative that the architects of NEPAD listen to the concerns being raised by its opponents and continuously engage the Civil Society Organisations (CSOs) and the intended beneficiary society. It should be noted that the private sector can partner with governments in supporting the objectives of NEPAD. There is a need to harmonise policies of different AU member states to give effect to regional cooperation and integration. Regional integration can enhance the mobilisation of resources through economies of scale that will position Africa to penetrate global markets and to attract direct foreign investment. Globalisation itself should not be viewed as a threat, but as presenting new economic challenges and potential opportunities for regional integration. It is time that the Africans their own agenda within Africa. Africans must rise jointly to this occasion and emancipate themselves from dependence associated with underdevelopment and poverty. Africa has the potential and the capacity to succeed through the effective implementation of NEPAD. The time for Africa is now. / Thesis (PhD (Public Affairs))--University of Pretoria, 2007. / School of Public Management and Administration (SPMA) / 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

"Although the concept of human rights is not new, it has never attracted more attention than today. However, contrary to the tremendous growth of concern for the international protection of human rights, Rwanda was visited by three main deplorable waves of war crimes, crimes against humanity and genocide. Therefore, while the study is based on the premise that the primary duty of preventing these international crimes lies with the state, it will be argued that the secondary duty lies with international organisations like the UN and the AU. Both organisations could have averted or minimised the atrocities that occurred in Rwanda. Accordingly the study aims to address four issues. First, it attempts to review the weaknesses of the UN and OAU in their human rights monitoring and promotional fucntion derived from international human rights instruments. Second, it seeks to investigate the shortcomings and the failures of these two organisations in intervening to stop the Rwandan genocide. Third, it attempts to examine the UN's and AU's current handling of the cases of genocide as a preventive mechanism against gross human rights violations in Rwanda. Finally, the study will attempt to see if the failures seen in Rwanda are reflected in the current responses of the UN and the AU. The study presupposes that the 1994 Rwandan genocide, although not altogether inevitable, would not have been so comprehensive had the UN and the OAU/AU not developed a culture of impunity in the genocide of 1963 and 1973. One way assume, too, that the suffering could even have been minimized had there been active measures taken by these two organisations. This thesis proceeds on the premise of a problem that the vacuum that still exists under the Rwandan situation, both pre- and post-1994 genocide, as well as the weakness of the response from the UN and AU, is also abetting the current genocide in Sudan and countries with a volatile situation, like the Democratic Republic of Congo and Burundi." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

"This study attempts to provide a picture of how parliaments have been contributing to the protection of human rights and democracy and how the Pan-African Parliament (PAP) can draw lessons from the different mechanisms adopted by these parliaments. This study consists of five chapters. The first chapter sets out the problem that this study aims to address and reviews existing studies that have touched upon the issue. The second chapter discusses the dynamics that lead to the establishment of the continental parliament by putting it in the context of continental efforts towards better human rights protection and democratic consolidation. It also discusses the objectives of the parliament and particularly its human rights and democartic mandate. The third chapter sets out a framework for analysis. This is done by examining how parliaments have been dealing with issues of human rights and democracy with particular focus on the European Parliament (EP). This chapter looks at the different structures and mechanisms that the parliaments have employed towards this end but also tries to look further into the powers and compositions of parliaments that [have] enabled them to use such mechanisms and effectively engage in the promotion of human rights and democracy. The fourth chapter discusses in detail the powers, functions and their implications on how PAP promotes human rights and democracy. The activities so far carried out, institutional mechanisms adopted and the potential role it could have and mechanisms it could employ by taking lessons from the design, internal workings, and mechanisms discussed in the previous chapter is provided. Finally the relevant conclusions will be made with recommendations on the way forward for the continental institution in terms of organisation, composition, structures and mechanisms it could adopt towards promotion of human rights and democracy." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The African Union's Panel of the Wise was inaugurated on 18 December 2007. The prospects of the Panel as a conflict prevention and peace and security promotion tool in the AU Peace and Security architecture may remain dim unless its concept is understood and the Panel is effectively operationalised. To this end therefore, the objectives of this study are as follows: (1) To examine the need for the Panel in the AU Peace and Security Architecture. (2) To examine the institutional design of the Panel. (3) To explore the prospective roles for the Panel in the AU Peace and Security Architecture. (4) To identify how the Panel can promote the internalisation of peace and security in Africa. The study will propose key strategies to improve the relevance of the Panel as a tool of the PSC in facilitating peaceful interventions and promotion of peace and security in Africa. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Christopher Mbazira, Faculty of Law, Makarere University, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM