By Jeremy I. Levitt
African states became checking out grounds for Western conflict-resolution experiments, quite power-sharing agreements, supposedly meant to finish lethal clash, safe peace, and construct democracy in divided societies. This quantity examines the criminal and political efficacy of transitional political power-sharing among democratically constituted governments and the African warlords, rebels, or junta that search to violently unseat them. What position does legislations point out for itself to play in informing, shaping, and regulating peace agreements? This ebook addresses this query and others in the course of the prism of 3 West African case stories: Liberia, Sierra Leone, and Guinea-Bissau. It applies the Neo-Kadeshean version of research and provides a framework for a 'Law on Power-sharing.' In a box ruled by way of political scientists, and drawing from historical and modern foreign legislations, this publication represents the 1st considerable criminal critique of the legislations, perform, and politics of strength sharing.
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Additional resources for Illegal Peace in Africa: An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta
Makau Matua, Savages, victims, and saviors: The metaphor of human rights, 42 Harvard International Law Journal 205 (2001). 10 Hence, as previously observed, the NKM draws analytic direction from the decisions, resolutions, and declarations of the ACHPR as well as the law and practice of African subregional and regional institutions, regional customary law, state practice, and jurisprudence from domestic and regional courts in the continent. Taken together, Africa’s evolving human rights landscape has generated an innovative human rights tradition that, for example, does not consider a state of emergency as a valid legal basis on which to deviate from the conventional legal system11 or civil war as a legitimate basis on which to 8 9 10 11 Jeremy I.
Africa’s fifty-three states subscribe to a diverse array of sociopolitical and legal systems, making it highly improbable that there could be a solitary approach to rights-based questions at the national level. Notwithstanding, the NKM is distinct because it identifies, systematizes, and synthesizes law norms using a layered approach. It draws its foundational logic and impulse from MAAT; its governing rationale from the Kadesh Treaty and Egyptian Bill of Rights; and normative continuity from the African Charter on Human and Peoples’ Rights (Banjul Charter) and related law, doctrine, and jurisprudence.
These critically important questions are precipitated by power sharing. D. 1648),24 which, in similar ways, appear to have answered these questions in the affirmative nearly four millennia and four centuries years ago, respectively. At its most fundamental level, the juridical nature of the modern nation-state inherently prescribes the predominance of law over politics, especially during armed conflict, despite that at times, state practice challenges 24 ¨ on May The Peace of Westphalia commonly refers to the two peace treaties (Osnabruk ¨ 15, 1648, and Munster on October 24, 1648) that ended the Thirty Years’ War (1618– 1648) in the Holy Roman Empire.