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1. Civil War between the Ethiopian Government and the Tigray People’s Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine

Author:
Israel Nyaburi Nyadera and Census Osedo
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
How does the 2020–2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars.
Topic:
Civil War, Human Rights, Conflict, and Responsibility to Protect (R2P)
Political Geography:
Africa, Ethiopia, and Tigray

2. South Africa's Possible Withdrawal from the International Criminal Court

Author:
Innocent Mangwiro
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Human rights violations continue to dominate Zimbabwe’s social and political spaces. Despite being a signatory to continental and global human rights conventions, Zimbabwe’s commitment to human rights remains questionable. As there remains a rift between the African Union (AU), some member states and the International Criminal Court (ICC), the South African government tabled a motion in parliament to withdraw from the Rome Statute in October 2019. This followed an earlier attempt in October 2016 to withdraw, one year after the then AU chairperson, Robert Mugabe, insisted that its members must not cooperate with the ICC, as it was accused of being anti-African.1 South Africa initially rejected the call for non-cooperation but, in 2015, refused to arrest Sudanese president, Omar al-Bashir, with the ICC’s powers of universal jurisdiction, signalling contempt of court.2 Given this context, this article contends that it will not be South Africans who will bear the consequences if the country eventually succeeds and withdraws from the ICC, but other African people living under regimes without good human rights records, such as Zimbabwe. While the dimension of South Africa’s geopolitical interests in Africa has sufficiently been analysed by Isike and Ogunnubi,3 I argue that the implications for human rights of the country’s withdrawal have not been exhausted.
Topic:
Human Rights, International Cooperation, International Criminal Court (ICC), African Union, and Human Rights Violations
Political Geography:
Africa, South Africa, and Zimbabwe

3. Amnesties and Human Rights within the Framework of the African Charter on Human and Peoples’ Rights

Author:
Frederic Foka Taffo
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Many African countries, over the past years, have suffered the effects of civil war – and, more specifically, gross human rights violations. During peace negotiations, victims of human rights abuses are generally not prioritised, as the focus on peace is seen by political actors as superseding the interests of victims and justice. However, what kind of peace can be built in total disregard of the suffering of hundreds or thousands of people? Can a democratic society and sustainable development be achieved where there is no accountability for human rights abuses? Usually, amnesties are used as an instrument of conflict settlement. The effect of these amnesties is to preclude any investigation or prosecution of perpetrators of human rights abuses committed during the conflict period. Amnesties are often an insurmountable obstacle to the victims’ right to a fair trial, and an ineffective remedy for the prejudice suffered. Amnesties can be defined as the legal measures that are used in transitional processes, often as part of peace settlements, to limit or preclude the application of criminal processes and, in some cases, civil actions against certain individuals or categories of individuals for violent actions committed in contravention of applicable human rights and international humanitarian law rules.1 From this definition, “amnesties have a long pedigree in peace negotiations and have historically been commonly used as part of peace settlements even for armed conflicts manifesting most atrocious acts.”2 Amnesties bring into confrontation two fundamental needs of all democratic societies: the need for peace and the need for justice. For example, this was the case after the fall of the apartheid regime in South Africa. The need for peace led the new regime, with Nelson Mandela at the helm, to opt for a Truth and Reconciliation Commission rather than using the judiciary to inquire into past atrocities. As such, the aim of this article is to put forward the position of the African Commission on Human and Peoples’ Rights (hereafter African Commission) on the question: are amnesties compatible or incompatible with the human rights obligations of state parties to the African Charter on Human and Peoples’ Rights (hereafter African Charter)?
Topic:
Civil War, Human Rights, Democracy, Conflict, and Peace
Political Geography:
Africa

4. The Migrant Crisis in Libya and the Nigeria Experience

Author:
Ugwumba Egbuta
Publication Date:
06-2019
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The drive for survival and for greener pastures has continued to force millions of West African young men and women to gamble with death in attempts to cross over to Europe and other parts of the world. This quest to escape poverty, hunger, unemployment and insecurity, among other reasons, caused a major segment of Nigeria’s population to seek alternatives for better livelihood prospects for themselves and their families.1 Those seeking economic survival see irregular migration as the best alternative, given the difficulty and resources involved in migrating through regular and legitimate routes. In many instances, very few of the original number who set out on these dangerous journeys live to tell their stories. While many regularly drown in the Mediterranean Sea, many also die in the deserts, and others are sold as slaves in a modern slave market. Most of the victims of this trade are from West Africa. Many of them leave home with expectations of getting to Europe and other destinations perceived to have better economic prospects for them, but they end up in the slave merchant nets in North Africa. The victims are put in camps and sold in open markets in Libya, while the international community watches in silence. The geographical location of Libya renders it a transit route for migrants journeying to Italy and many other parts of Europe. The migration crisis in Libya and its attendant consequences was made more possible by the instability in Libya, occasioned by the October 2011 North Atlantic Treaty Organisation (NATO)-led war against Muammar Gaddafi’s regime. The fall of that regime left the country even more politically unstable, with increased security threats that are spilling over into other parts of Africa. Europe, in particular, lost a credible partner in its efforts to address or reduce irregular migration from Africa. Poor governance and institutional ruin as a fall-out of the war paved the way for the emergence of criminal syndicates, whose trade in human beings is now finally attracting some global attention. To address this, the European Union (EU) proposed setting up reception centres in Libya for African migrants while their asylum applications undergo consideration.
Topic:
Human Rights, Migration, Slavery, and Humanitarian Crisis
Political Geography:
Africa, Libya, and Nigeria