Africa Union’s Right to Intervene in Regional Conflicts: Case of South Sudan (2013-2019)
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Date
2023-04
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Kenyatta University
Abstract
The right to intervene is one of the unique principles of the African Union (AU) as an
international organization. This study is focused on advancing the discourse on the
applicability of the African Union’s right to intervene in conflict situations.
Specifically, the study sought to: first analyze the rationale behind the principle of the
right to intervene, secondly, to examine the envisaged operation of AU intervention
right, and thirdly, evaluate the challenges facing the operationalization of AU’s right to
intervene when and where the instance of serious human rights and humanitarian crimes
are present. The context of South Sudan conflict between 2013 and 2019 was chosen
as case study to demonstrate this. The study was supported by emerging debate about
the legality and applicability of the right to intervene. Other than the issue regarding
applicability, the AU is yet to explicitly apply Article 4 (h) to conflict situations in
Africa. The study reviewed scholarly works to shed light on the primary objectives
stated in this research. The study was anchored on the theory of liberal institutionalism,
which demonstrates how international cooperation between states and institutions such
as the AU, is necessary to reduce conflict and competition. This study utilized the
qualitative approach. The exploratory research design was used in tying all the aspect
of this research. The area of study was the City of Addis Ababa which houses the
headquarters of the African Union. This study relied on primary data from interviews
conducted with peace and security experts along with AU and South Sudan’s Officials.
Policy documents that are related to the subject matter were also consulted. Secondary
data was derived from journal articles, theses, and books. Data was analyzed using
documentary analysis by looking extensively at relevant documents such as the AU
Constitutive Act, the Ezulwini Consensus, the AU Commission of Inquiry findings in
South Sudan, UN charter and others. The findings of this thesis highlights that the right
to intervene as envisioned by the drafters of the Constitutive Act was primarily a
military intervention. However, with regards to recent practices by the AU and other
relevant literature on the matter, the right to intervene is seen to encompass various
forms and levels of intervention including military intervention; diplomatic peace
processes; and sanctions, so long as the AU does not imitate the principle of noninterference like its predecessor, the OAU and watch as humanitarian crisis escalates in
the continent. The study also found that there are various impediments to effective
intervention which includes: its perceived contradiction with international law, the
principle of subsidiarity and AU’s complex decision-making processes among others.
Recommendations highlighted in the study focuses on employing a coordinated
approach among the relevant stakeholders to resolve the many controversies associated
with the right to intervene, starting with specific mechanisms in place to guide
conceptualization and operationalization of the right to intervene. In general, this study
sought to increase the level of awareness and knowledge of scholars and the
international community regarding AU’s right to intervene on one hand, and on the
other hand to consider necessary reforms regarding the approaches to conflict situations
in Africa, with a goal of reducing the occurrence of war and its effects on the continent.
Description
A Research Thesis Submitted in Partial Fulfillment for the Award of the Degree of Master of Arts (International Relations and Diplomacy) in the School of Law, Arts and Social Sciences of Kenyatta University, April 2023