Disputas: Girmachew Alemu Aneme
M.A. Girmachew Alemu Aneme ved Norsk senter for menneskerettigheter vil forsvare sin avhandling for graden ph.d. (philosophiae doctor): A study of the African Union’s Rights of Intervention against Genocide, Crimes against Humanity and War Crimes
førsteamanuensis Gro Nystuen, Oslo (leder)
professor Tiyanjana Maluwa, Carlisle
post.doc Jo Stigen, Oslo
Leder av disputas: prodekan for forskning, professor Inger-Johanne Sand
Veileder: førsteamanuensis Anna Maria C. Lundberg, professor Alex De Waal, professor Ole Kristian Fauchald
Article 4(h) of the Constitutive Act of the African Union (AU) 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 1994 Rwandan genocide that resulted in the death of over half a million Tutsi and moderate Hutu Rwandese in just 100 days and the current massive violations in Darfur, Sudan, are but only two recent events in Africa that signify the relevance of the AU’s right of intervention against genocide, crimes against humanity and war crimes.
The objective of this study is to critically analyze the AU’s right of intervention against genocide, crimes against humanity and war crimes provided under Article 4(h) of the AU Constitutive Act. As an unprecedented provision, Article 4(h) of the AU Constitutive Act raises many issues. Nevertheless, this study focuses on the analysis of the basic issues, namely: the constituent elements, the legality, the operationalisation and application of Article 4(h) of the AU Constitutive Act. Accordingly, this study attempts to discuss and answer the following four major research questions:
1. What is the normative content of Article 4(h) of the Constitutive Act?
2. Is the use of force under Article 4(h) of the Constitutive Act legal under international law?
3. How is Article 4(h) of the AU Constitutive Act operationalised?
4. What is the practical effect of Article 4(h) of the Constitutive Act in terms of dealing with genocide, crimes against humanity and war crimes in AU member States?