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The aim of this monograph is to inform the revision process of the 1977 OAU/AU Convention on the Elimination of Mercenarism in Africa. A strong argument is made for the need for a new continental approach to deal with the new modalities of traditional mercenarism, which involve an emerging and flourishing industry comprised of private military and security companies. It is hoped that the ISS work on the subject of the privatisation of security will bring about a better understanding of the role of the private security sector in peacekeeping and in state and corporate security in Africa, give momentum to an appropriate regulatory regime for private military sector engagement in Africa, including the elimination of mercenary activity and the revision of the OAU/AU Mercenary Convention, and give momentum to and make inputs on the development of appropriate legislative and regulatory frameworks for the regulation of private security companies in Africa countries.
Second volume of Deutscher prize-winning trilogy on the future of IR, tracing the defining characteristics of 'foreign encounters' over time.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
"Warfare is changing-and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. As states, including the United States, plan for how they will conduct warfare in the future, West Point's Lieber Institute for Law and Land Warfare, in collaboration with Columbia Law School's National Security Law Program, convened an expert workshop to consider the future legal context in which conflict will be waged. Titled "Law of Armed Conflict (LOAC) 2040," we assembled leading academics and practitioners from around the world to consider how that body of law and institutions for creating, interpreting, and enforcing it might look two decades ahead-as well as what opportunities may exist to influence it in that time"--
Mercenaries are more powerful than experts realize, a grave oversight. Those who assume they are cheap imitations of national armed forces invite disaster because for-profit warriors are a wholly different genus and species of fighter. Private military companies such as the Wagner Group are more like heavily armed multinational corporations than the Marine Corps. Their employees are recruited from different countries, and profitability is everything. Patriotism is unimportant, and sometimes a liability. Unsurprisingly, mercenaries do not fight conventionally, and traditional war strategies used against them may backfire.
This study maps the interactions between human rights norms and values, on the one hand, and conflict resolution, post-conflict peace-building and reconstruction, on the other. It advances the view both from a theoretical and practical standpoint, that human rights have a role to play throughout the life of any conflict: from the pre-conflict to the post-conflict and reconstruction stages. Identifying entry points for human rights in the pre-conflict stage leading up to the establishment of the rule of law and societal reconstruction after the conflict, this book uses Sierra Leone and Democratic Republic of Congo experiences to illustrate the obstacles, the successes, and the significance of human rights norms to the overall peace agenda in societies afflicted by conflict.
Africa’s international relations have often been defined and oriented by the dominant international and geopolitical agendas of the day. In the aftermath of colonialism the Cold War became a dominant paradigm that defined the nature of the continent’s relationship with the rest of the world. The contemporary forces of globalization are now exerting an undue influence and impact upon Africa’s international relations. Increasingly, the African continent is emerging as a vocal, and in some respects an influential, actor in international relations. There is a paucity of analysis and research on this emerging trend. This timely book proposes to fill this analytical gap by engaging with a wide range of issues, with chapters written by experts on a variety of themes. The emerging political prominence of the African continent on the world stage is predicated on an evolving internal process of continental integration. In particular, there are normative and policy efforts to revive the spirit of Pan-Africanism: the 21st century is witnessing the evolution of Pan-Africanism, notably through the constitution and establishment of the African Union (AU). Given the fact that there is a dearth of analysis on this phenomemon, this volume will also interrogate the notion of Pan-Africanism through various lenses – notably peace and security, development, the environment and trade. The volume will also engage with the emerging role of the AU as an international actor, e.g. with regard to its role in the reform of the United Nations Security Council, climate change, the International Criminal Court (ICC), the treaty establishing Africa as a nuclear-free zone, Internally Displaced Persons, the Millennium Development Goals (MDGs), international trade, the environment, public health issues, security, and development issues. This book will assess how the AU’s role as an international actor is complicated by the difficulty of promoting consensus among African states and then maintaining that consensus in the face of often divergent national interests. This book will in part assess the role of the AU in articulating collective and joint policies and in making interventions in international decision and policy-making circles. The Handbook will also assess the role of African social movements and their relationship with global actors. The role of African citizens in ameliorating their own conditions is often underplayed in the international relations discourse, and this volume will seek to redress this oversight. Throughout the book the various chapters will also assess the role that these citizen linkages have contributed towards continental integration and in confronting the challenges of globalization.
The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.